Smith v. Abbott’s Empirical Analysis
2010
Citation profile
4 state decisions
Appellate journey
reviewedthe decision below (from Texas 353rd Judicial District Court)
Relationships
Applies 42 U.S.C. § 651 (§ 451 of the Social Security Act of 1935)
Relies on Texas Ass'n of Business v. Texas Air Control Board · Texas Department of Parks & Wildlife v. Miranda · Bland Independent School District v. Blue · Texas Natural Resource Conservation Commission v. IT-Davy · Lehmann v. Har-Con Corp.
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.
“is a remedial statute designed “to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.” ... The Act, however, does not enlarge a trial court’s jurisdiction, and a litigant’s request for declaratory relief does not alter a suit’s underlying nature. It is well settled that “private parties cannot circumvent the State’s sovereign immunity from suit by characterizing a suit for money damages ... as a declaratory-judgment claim.” ... ... [W]hile suits for contract damages against the state are generally barred by immunity, where a statute or the constitution requires that government contracts be made or performed in a certain way, leaving no room for discretion, a suit alleging a government offi cial’s violation of that law is not barred, even though it necessarily involves a contract.... [[Image here]] ... In other words, where statutory or constitutional provisions create an entitlement to payment, suits seeking to require state officers to comply with the law are not barred by immunity merely because they compel the state to make those payments.... From this rationale, it is clear that suits to require state officials to comply with statutory or constitutional provisions are not prohibited by sovereign immunity, even if a declaration to that effect compels the payment of money. To fall within this ultra vires exception, a suit must not complain of a government officer’s exercise of discretion, but rather must al”
1 later decision quote this exact passage · from the majority
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.