Smith v. United States’s Empirical Analysis
375 F.2d 243 · 1967
Citation profile
104 federal appellate · 22 district · 11 state decisions
How this case has been cited
Cited by 197 later decisions — most recently July 2017 · most notably Gray III v. Bell (1983), United States v. Cowan (1975)
104 federal appellate · 22 district · 11 state decisions
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
Applies 18 U.S.C. § 1503 · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 507
Relies on Dalehite v. United States · Indian Towing Company v. United States · United States v. Muniz · Rayonier Incorporated v. United States a Arnhold · United States v. Cox
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 197 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[1] If the Tort Claims Act is to have the corpuscular vitality to cover anything more than automobile accidents in which government officials were driving, the federal courts must reject an absolutist interpretation of Dalehite , and that interpretation is rejected by Indian Towing and especially by Rayonier. .”
17 later decisions quote this exact passage · from the majority“"[a]lthough as a member of the bar, the attorney for the United States is an officer of the court, he is nevertheless an executive official of the Government, and it is as an officer of the executive department that he exercises a discretion as to whether or not there shall be a prosecution in a particular case. It follows, as an incident of the constitutional separation of powers, that the courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions."”
14 later decisions quote this exact passage · from the majority“(a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”
3 later decisions quote this exact passage · from the dissent
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.