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← 359 FSUPP 25 - Kingston v. McLaughlin

Kingston v. McLaughlin’s Empirical Analysis

1972

Citation profile

11
cited by 11 later decisions
6
states following
December 1987
most recently cited

1 district · 10 state decisions

Relationships

Relies on Ex Parte: Edward T Young · Dodge v. Board of Education · State Indiana Anderson v. Brand · Davis v. Gray · Taylor v. Beckham

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

  1. “[T]he new amendment does not impair any of their financial arrangements with the Commonwealth. Rather, it merely takes away their option of when to retire. It is this option to determine voluntarily when to retire, when to cease drawing full salary and to commence receiving the lesser pension payments, that is claimed as an inchoate right or "entitlement" protected by the alleged contract with the Commonwealth.... But, if there is no basic vested right to office, we cannot see how any inchoate right to choose when to retire from that office can be protected against constitutional amendment. Plaintiffs' sophisticated argument ... is but an assertion that tenure in office, which concededly has not been directly guaranteed, can be indirectly guaranteed by recognition of the "inchoate right" to determine when to cease drawing full salary.”
    1 later decision quote this exact passage · from the majority
  2. “protected by the alleged contract with the Commonwealth.... But, if there is no basic vested right to office, we cannot see how any inchoate right to choose when to retire from that office can be protected against constitutional amendment. Plaintiffs' sophisticated argument ... is but an assertion that tenure in office, which concededly has not been directly guaranteed, can be indirectly guaranteed by recognition of the”
    1 later decision quote this exact passage · from the majority
  3. ““No State shall . . . pass any . Law impairing the obligation of Contracts . . .”
    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.