Musser v. United States’s Empirical Analysis

Citation profile

21 federal appellate · 1 state decisions

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

1. “The local board may reopen and consider anew the classification of a registrant upon the written request of the registrant ... if such request is accompanied by written information presenting facts not considered when the registrant was classified, which, if true, would justify a change in the registrant’s classification; . . . provided. . the classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction (SSS Form No. 252) . . . unless the local board first specifically finds there has been a change in the registrant’s status resulting from circumstances over which the registrant had no control.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Serfass

2. “[T]he Court did not hold merely that a local board would be permitted to refuse reopening of a classification in ‘such a situation, but that it was without power to reopen under such circumstances. ... If a local board is not empowered to reopen the classification, it follows that it is similarly without power to make any ruling on the merits of a registrant’s claims, since such a ruling on the merits of a claim can be made only by a reopening, . . . From this it follows that in no event can a mere refusal to reopen signify more than a recognition of a lack of power to do so; it cannot and does not bear any significance as to the merits of a registrant’s claim. Id.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Rosebear

3. “•X- * * * * * b. Federal courts have held that a claim to exemption from military service under Selective Service laws must be interposed prior to notice of induction, and failure to make timely claim for exemption constitutes waiver of the right to claim. * * Requests for discharge after entering military service will not be favorably considered when— (1) Based on conscientious objection which existed but which was not claimed prior to notice of induction, enlistment, or appointment.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Rosebear