Roberge v. Philbrook’s Empirical Analysis
1970
Citation profile
4 federal appellate · 7 district ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 28 U.S.C. § 2281 · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935)
Relies on Baker v. Carr · Goldberg v. Kelly · Monroe v. Pape · Shapiro v. Thompson · Hague v. Committee for Industrial Organization
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Stating the test as formulated in Hague and as adopted by these courts is far easier than applying it to the present facts. The distinction is manageable in the abstract. When the plaintiff seeks redress for property which has been or will be taken; or when the plaintiff alleges that his personal rights have been infringed because of some violation of a purely proprietary right, only section 1331 can support jurisdiction. However, if the plaintiffs’ rights to life and liberty are interfered with by the government, section 1343(3) ápplies and the amount in controversy need not be alleged. The distinction is tied to the recognition that it is unfair to require the plaintiff to pay for his jurisdiction when fundamental personal rights, which defy monetary valuation, are involved. “Unfortunately, many valuable constitutional rights do not lend themselves to classification within the lines of Justice Stone’s distinction. A practical application of the test stated above is difficult when both rights of property and rights o,f personal liberty are involved. It falls upon the district judge to find the proper characterization for each claim by analyzing the gist of the complaint.” 15”
1 later decision quote this exact passage · from the majority“The legislative history of § 2282 and of its complement, § 2281, requiring three judges to hear injunctive suits directed against federal and state legislation, respectively, indicates that these sections were enacted to prevent a single federal judge from being able to paralyze totally the operation of an entire regulatory scheme, either state or federal, by issuance of a broad injunctive order. Section 2281 “was a means of protecting the increasing body of state legislation regulating economic enterprise from invalidation by a conventional suit in equity .... The crux of the business is procedural protection against an improvident state-wide doom by a federal court of a state’s legislative policy. . . .” At page 154, 83 S.Ct. at page 560 .”
1 later decision quote this exact passage · from the concurrence“"An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under State statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a district court of three judges under section 2284 of this title."”
1 later decision quote this exact passage · from the concurrencee.g. Hunt v. Edmunds
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.