Hamdi’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The order [under review] arises in the context of foreign relations and national security, where a court’s deference to the political branches of our national government is considerable. It is the President who wields “delicate, plenary and exclusive power ... as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress.” And where as here the President does act with statutory authorization from Congress, there is all the more reason for deference. Indeed, Articles I and II prominently assign to Congress and the President the shared responsibility for military affairs. See U.S. Const, art. I, § 8; art. II, § 2. In accordance with this constitutional text, the Supreme Court has shown great deference to the political branches when called upon to decide cases implicating' sensitive matters of foreign policy, national security, or military affairs. This deference extends to military designations of individuals as enemy combatants in times of active hostilities, as well as to their detention after capture on the field of battle. The authority to capture those who take up arms against America belongs to the Commander in Chief under Article II, Section 2. As far back as the Civil War, the Supreme Court deferred to the President’s determination that those in rebellion had the status of belligerents. And in World War II, the Court stated in no uncertain terms that the President’s war”

   1 later decision quote this exact passage
   e.g. Padilla Ex Rel. Newman v. Bush

2. “[I]n the context of foreign relations and national security ... a court's deference to the political branches of our national government is considerable.”

   1 later decision quote this exact passage
   e.g. Hodges v. Abraham