Braniff Airways, Inc. v. Nebraska State Board of Equalization & Assessment’s Empirical Analysis
1954
Citation profile
36 federal appellate · 13 district · 237 state decisions
How this case has been cited
Cited by 332 later decisions (21 by the Supreme Court) — most recently October 2017 · most notably Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc. (1989), Dyke v. Taylor Implement Manufacturing Co. (1968)
36 federal appellate · 13 district · 237 state decisions — followed in 33 states
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
Relies on Gibbons v. Ogden · United States v. Causby · United States v. Standard Oil Co. · Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp. · Coe v. Town of Errol
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 332 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"These Federal Acts regulating air commerce are bottomed on the commerce power of Congress, not on national ownership of the navigable air space, as distinguished from sovereignty. In reporting the bill which became the Air Commerce Act, it was said: "`The declaration of what constitutes navigable air space is an exercise of the same source of power, the interstate commerce clause, as that under which Congress has long declared in many acts what constitutes navigable or nonnavigable waters. The public right of flight in the navigable air space owes its source to the same constitutional basis which, under decisions of the Supreme Court, has given rise to a public easement of navigation in the navigable waters of the United States, regardless of the ownership of the adjacent or subjacent soil.' H.R.Rep. No. 572, 69th Cong., 1st Sess., p. 10. "The commerce power, since Gibbons v. Ogden, 9 Wheat. 1, 193 , 6 L.Ed. 23, has comprehended navigation of streams. Its breadth covers all commercial intercourse. But the federal commerce power over navigable streams does not prevent state action consistent with that power. Gilman v. City of Philadelphia, 3 Wall. 713, 729 , 18 L.Ed. 96 . Since, over streams, Congress acts by virtue of the commerce power, the sovereignty of the state is not impaired. State of Oklahoma ex rel. Phillips v. Guy F. Atkinson Co., 313 U.S. 508, 534 , 61 S.Ct. 1050 , 85 L.Ed. 1487 . The title to the beds and the banks are in the states and the riparian owners, subje”
4 later decisions quote this exact passage · from the majority““ -* * * the Commerce Clause does not immunize interstate instrumentalities from all state taxation, but that such commerce may be required to pay a nondiscriminatory share of the tax burden.””
3 later decisions quote this exact passage · from the majority“'opportunities, benefits, or protection.'”
3 later decisions 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.