United States v. Clinton’s Empirical Analysis

Citation profile

2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The APA is not Congress’s response to a constitutional mandate, but to its own judgment. The Act is a blanket procedural statute, which, by its own terms, leaves room for special procedures to be established to suit the particular needs of individual agencies. Congress has, in turn, provided procedural standards for the operation of the Selective Service System, and if the administrative practice fails to comport with the legislative standard, or with constitutional requirements, a court can act to correct the situation. Defendant feels the rules in which he is interested are so significant that the public should be permitted to participate in their formulation; Congress’s value judgment was apparently different, and a rational basis for that judgment is easily discernible. Defendant’s remedy is to persuade Congress to change its value judgment.”

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

2. “All functions performed under this title * * * shall be excluded from the operation of the Administrative Procedure Act ( 60 Stat. 237 ) * * * except as to the requirements of section 3 of such Act.”

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