Justice v. Gardner’s Empirical Analysis

Citation profile

25 federal appellate · 6 district ·

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

1. ““Plaintiff insists that the foregoing was a finding that he is disabled from mining and that under the rule of our decisions, the burden was on the Secretary to prove that there was other employment available to Justice in the area of his home. Our relevant decisions have been made in the factual contexts of each case and we did not announce a mechanical rule which would relieve each applicant from his initial burden of proving disability. It is not the burden of the Secretary to make an initial showing of non-disability.””

   2 later decisions quote this exact passage · from the majority
   e.g. Criswell v. Gardner · Shavers v. Secretary of Health, Education & Welfare

2. “[T]he term `disability' means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.”

   2 later decisions quote this exact passage · from the majority
   e.g. May v. Gardner · King v. Gardner

3. “We do not think that in this case the burden was on the Secretary to precisely point to a job available to this 36 year old man in “generally excellent physical condition” whose only ailment is an ulcer which was shown to respond favorably to dietary and medical control.”

   1 later decision quote this exact passage · from the majority
   e.g. Shavers v. Secretary of Health, Education & Welfare