Dehainaut v. Pena’s Empirical Analysis
32 F.3d 1066 · 1994
Citation profile
18 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2017 · most notably Walmer v. United States Department of Defense (1995), Foretich v. United States (2003)
18 federal appellate · 1 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 5 U.S.C. § 3301 (Federal Vacancies Reform Act of 1998) · 5 U.S.C. § 7311
Relies on Mullane v. Central Hanover Bank & Trust Co. · Cleveland Board of Education v. Loudermill · Williamson v. Lee Optical of Oklahoma, Inc. · Weaver v. Graham · Joint Anti-Fascist Refugee Committee v. McGrath
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“). The court found that the policy did not constitute a bill of attainder and, in so finding, the court specifically stated that: 59 Even where a fixed identifiable group--such as the fired controllers--is singled out and a burden traditionally associated with punishment--such as permanent exclusion from an occupation--is imposed, the enactment may pass scrutiny under bill of attainder analysis if it seeks to achieve legitimate and non-punitive ends and was not clearly the product of punitive intent. Put differently,”
3 later decisions quote this exact passage · from the concurrence“[t]he question in each case where unpleasant consequences are [imposed] upon an individual for prior conduct, is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation....”
2 later decisions quote this exact passage · from the concurrence“OPM reasonably interpreted the language of the presidential directive to impose an indefinite ban upon the employment of controllers removed for striking, not only from all FAA positions, but also from positions which interface with FAA”
2 later decisions quote this exact passage · from the concurrence
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.