Ellis v. Hershey’s Empirical Analysis

Citation profile

6 federal appellate ·

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

1. ““Several of the plaintiffs have passed their pre-induction physical examinations and have been called for induction. They have requested I-S deferments, which requests have been denied. These plaintiffs claim an immediate right to such deferments. The other plaintiffs, comprising the remainder of the class, are not so far along in the induction process, but are allegedly being injured in their ability to properly plan and pursue their academic careers by the Selective Service System’s refusal to recognize their right to I-S deferments should they be called for induction during the academic year. “All of the plaintiffs have exhausted their administrative remedies within the Selective Service System on this issue. * * * * * * * * “Section 456 (i) (2) contains the phrase ‘shall * * * be deferred.’ Webster’s New Collegiate Dictionary defines the word ‘shall’ as meaning obliged, must. The phrase employed by Congress in subsection (i) (2) is mandatory in meaning. This court, or any court, would be stretching the intent and purpose of Congress in construing Section 456 (i) (2) differently. Section 456 (i) (2) of the Act in clear and unequivocal terms mandates the deferment until the end of the academic year of plaintiffs and those similarly situated when they are called for induction, so long as they remain full-time students. * * * ❖ * “ * * * The language of a statute is the best and most reliable index of its meaning and where the language is clear and unequivocal it is determina”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Rundle

2. ““This is an action commenced by a group of second-year full-time graduate students attending the University of Michigan School of Law. Plaintiffs represent a class of graduate students * * *. Plaintiffs, on behalf of this class, seek a declaration of their right * * * “Several of the plaintiffs have passed their preinduction physical examination * * *. The other plaintiffs comprising the remainder of the class are not so far along * * (emphasis added)”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. Hershey