Garner v. Richardson’s Empirical Analysis
1971
Citation profile
1 federal appellate · 3 district ·
Relationships
Applies 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 403 (§ 203 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 415 (§ 215 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935)
Relies on Dandridge v. Williams · Williamson v. Lee Optical of Oklahoma, Inc. · Shapiro v. Thompson · Bolling v. Sharpe · Flemming v. Nestor
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * The Federal Constitution does not give this Court the power to overturn the State's choice under the guise of constitutional interpretation because the Justices of this Court believe that they can provide better rules. Of course, it may be said that the rules adopted by the Louisiana Legislature `discriminate' against illegitimates. But the rules also discriminate against collateral relations, as opposed to ascendants, and against ascendants, as opposed to descendants. Other rules determining property rights based on family status also `discriminate' in favor of wives and against `concubines.' The dissent attempts to distinguish these other `discriminations' on the ground that they have a biological or social basis. There is no biological difference between a wife and a concubine nor does the Constitution require that there be such a difference before the State may assert its power to protect the wife and her children against the claims of a concubine and her children. The social difference between a wife and a concubine is analogous to the difference between a legitimate and an illegitimate child. One set of relationships is socially sanctioned, legally recognized, and gives rise to various rights and duties. The other set of relationships is illicit and beyond the recognition of the law. Similarly, the State does not need biological or social reasons for distinguishing between ascendants and descendants. Some of these discriminatory choices are perhaps more closely c”
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.