Billings v. Truesdell’s Empirical Analysis

Citation profile

302 federal appellate · 42 district · 9 state decisions

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

1. ““It must be remembered that § 11 imposes on a selectee a criminal penalty for any failure ‘to perform any duty required of him under or in the execution’ of the Act ‘or the rules or regulations made pursuant thereto.’ He who reports to the induction station but refuses to be inducted violates § 11 of the Act as clearly as one who refuses to report at all [cite omitted]. The order of the local board to report for induction includes a command to submit to induction. Though that command was formerly implied, it is now express.””

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Gutknecht · 335 F. Supp. 792 - United States v. Murray

2. ““(2) Uncooperative. A registrant who refuses to comply with instructions, rules or procedures prescribed for registrant processing, or who refuses to take part in some, or all, of the prescribed processing, testing, or examinations will be informed that his refusal constitutes a felony under the provisions of the Military Selective Service Act of 1967. He will be further informed that convictions of such offense in civil pro ceedings will subject him to punishment by imprisonment for not more than 5 years, or a fine of not more than $10,000, or both. If he persists in his refusal, the following action will be taken: (a) If his conduct permits (e. g., if he is not engaging in physical or vocal activity which he will not refrain from doing in order to be reasoned with), he will be requested, but not required, to make a signed statement, dated, in his own handwriting, as follows (insert the phrase or phrases which pertain to him) : T refuse to comply with instructions, rules or procedures prescribed for registrant processing.’ T refuse to take part, or all, of the prescribed processing.’ T refuse' to take prescribed tests/examinations.’ Such statement should be witnessed by at least two witnesses who will affix their signatures to the statement. (b) His records will be returned to his local board. He will not be furnished any means of transportation. (c) Letter of refusal to cooperate will be prepared in quadruplicate. Content and distribution of the letter will be as prescribed”

   2 later decisions quote this exact passage · from the majority
   e.g. Estep v. United States · United States v. Farinas

3. ““d. Induction. Upon completion of the physical examination and after certification by the medical officer, selectees found to be physically and mentally fit for general military service will be inducted. “e. Induction ceremony. “(1) The induction will be performed by an officer who, prior to administering the oath, will give the men about to be inducted a short patriotic talk. The ceremony should take place in a setting, preferably a large room, made colorful by the display of flags with guard and display of suitable pictures, and made as impressive as possible. Wherever practicable, martial music will be provided either by a band or in the form of recorded music. * * * The oath, Article of War 109, will then be administered : * * * '“(4) They will then be informed that they are now members of the Army of the United States and given an explanation of their obligations and privileges. In the event of refusal to take the oath (or affirmation) of allegiance by a * * * citizen he will not be required to receive it, but will be infoi~med that this action does not alter in any respect his obligation to the United States”

   1 later decision quote this exact passage · from the majority
   e.g. Mayborn v. Heflebower