Mitchell v. Donovan’s Empirical Analysis

Citation profile

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘“[T]he federal courts established pursuant to Article III of the Constitution do not render advisory opinions. For adjudication of constitutional issues, “concrete legal issues, presented in actual cases, not abstractions,” are requisite. This is as true of declaratory judgments as any other field.’ United Public Workers of America [C.I.O.] v. Mitchell, 330 U.S. 75, 89 , 67 S.Ct. 556 , 91 L.Ed. 754 (1947). ‘The difference between an abstract question and a “controversy” contemplated by the Declaratory Judgment Act is necessarily one of degree, and it would be difficult, if it would be possible, to fashion a precise test for determining in every case whether there is such a controversy. Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.’ Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 , 61 S.Ct. 510 , 85 L.Ed. 826 (1941).” Id., at 108, 89 S.Ct. at 959 .”

   1 later decision quote this exact passage · from the majority
   e.g. Baxter v. Ellington

2. ““In a case of actual controversy within its jurisdiction, * * * any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought, •x- * -x-»”

   1 later decision quote this exact passage · from the majority
   e.g. Esposito v. Shultz