Gibbs v. Babbitt’s Empirical Analysis
1998
Citation profile
2 federal appellate ·
Relationships
Applies 16 U.S.C. § 1531 (§ 2 of the Endangered Species Act of 1973) · 16 U.S.C. § 1532 (§ 3 of the Endangered Species Act of 1973) · 16 U.S.C. § 1538 (§ 9 of the Endangered Species Act of 1973) · 16 U.S.C. § 1539 (§ 10 of the Endangered Species Act of 1973) · 16 U.S.C. § 668 · 18 U.S.C. § 1153 · 18 U.S.C. § 1955 · 18 U.S.C. § 248 (Freedom of Access to Clinic Entrances Act of 1994)
Relies on United States v. Lopez · Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. · Henderson v. Brown · Consolidated Rail Corporation v. Gottshall · McKay v. Jobin
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(3) Any person with a valid permit ... may take red wolves for educational purposes, scientific purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other conservation purposes consistent with the Act and in accordance with applicable State fish and wildlife conservation laws and regulations; (4)(i) Any person may take red wolves found on private land [within the red wolf recovery area], Provided that such taking is not intentional or willful, or is in defense of that person’s own life or the lives of others; and that such taking is reported within 24 hours [to the appropriate party]. (ii) Any person may take red wolves found on lands owned or managed by Federal, State, or local government agencies in the areas defined in para graphs (c)(9)(i) and (ii) of this section, Provided that such taking is incidental to lawful activities, is unavoidable, unintentional, and not exhibiting a lack of reasonable due care, or is in defense of that person’s own life or the lives of others, and that such taking is reported within 24 hours .... (iii) Any private landowner, or any other individual having his or her permission, may take red wolves found on his or her property [in the red wolf recovery area], Provided that all such harassment is by methods that are not lethal or physically injurious to the red wolf and is reported within 24 hours .... (v) Any private landowner may take red wolves found on his or her property [in the red wolf recovery ar”
1 later decision quote this exact passage“[t]he task of a court that is asked to determine whether a particular exercise of congressional power is valid under the Commerce Clause is relatively narrow. The court must defer to a congressional finding that a regulated activity affects interstate commerce, if there is any rational basis for such a finding.”
1 later decision quote this exact passage“[p]rovided that such taking is not intentional or willful, or is in defense of that person's own life or the lives of others.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.