Gregory v. Hershey’s Empirical Analysis

Citation profile

19 federal appellate · 6 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Except as otherwise provided in this subsection, the President is also authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons who have children, or wives and children, with whom they maintain a bona fide family relationship in their homes.””

   2 later decisions quote this exact passage · from the majority
   e.g. 318 F. Supp. 1350 - Pasquier v. Tarr · 345 F. Supp. 612 - Sandler v. Tarr

2. “"It is clear from the files and affidavits appended to the pleadings herein that plaintiffs have been denied fatherhood III-A deferments because of the defendants’ belief that the Act prohibits the granting of such deferments to registrants who have received a graduate II-S deferment since June 30, 1967, relying upon Section 6(h) of the Act and Regulation 1622.30(a). “Such construction of both the Act and the Regulation is demonstrably erroneous. In the alternative, if only the Regulation is properly so construed, it is based upon an erroneous interpretation of the Act and unauthorized thereby. For the intent of the statute is clear. ‘No person,’ it reads in the quoted 6(h) (1) ‘who has received a student deferment under the provisions of this paragraph’ (this paragraph being paragraph 1, the paragraph concerning the pre-baccalaureate, undergraduate II-S deferment) ‘shall thereafter be granted a deferment under this subsection’ (subsection (h), authorizing fatherhood III-A deferments). But the crunch here is that these plaintiffs before us have never had a pre-baccalaureate, undergraduate II-S deferment under the Act. Hence they are not precluded from the fatherhood III-A by the express terms of the Act, and any construction or interpretation contrary thereto is obviously unlawful, as is any Regulation grounded upon such misconstruction.” 311 F.Supp. at 3 .”

   1 later decision quote this exact passage · from the majority
   e.g. 318 F. Supp. 1350 - Pasquier v. Tarr

3. ““* * * (A)s to jurisdiction, this matter concerns, not a deferment resting in the discretion of a Local Board or Selective Service official, but a deferment mandated by regulation; there is no factual question (or mixed question of fact and law) presented to the Court for decision, but a question of law only. Such legal question is, as well, applicable to an entire class of registrants, not simply to one particular individual. A civil action, moreover, in this Court, is the only feasible opportunity which this class of registrants has to present before a competent forum their legal arguments to obtain a determination, for the entire class, of the validity, of their sought induction under these circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. Whitmore v. Tarr