United States v. Cabbage’s Empirical Analysis

Citation profile

33 federal appellate ·

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

1. ““We find it intolerable, however, to send appellant back for reclassification by a board which the United States government has stipulated to be improperly constituted under the Selective Service regulation without any practical remedy for such violation. The principle of administration of the Selective Service system by potential draftees’ ‘friends and neighbors’ is deeply buried in the history of the Selective Service Act. * * * “In view of its stipulation and the adjudication of the issues hereinbefore set forth in this case, the government should (and we assume will) move promptly to reconstitute the Selective Service Board concerned in accordance with the applicable regulation. In no event will applicant be subject to reclassification until this is done.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Hamilton · Ryan v. Hershey

2. ““While we may charge literate registrants with knowledge of information with which they are directly confronted, such as that contained on registration or classification cards, we may not expect a working knowledge of selective service regulations or inquiry at the office of the local board to guard against information received from an outside source. Inherent in the most narrow view of due process is the right to know of adverse evidence and the opportunity to rebut its truth and relevance.” (Emphasis supplied.) At page 388, of 415 F.2d.”

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

3. ““As we read this regulation it can by no means be treated as purely discretionary. The use of the word ‘shall’ is mandatory language. The phrase ‘if at all practicable’ should be read, we believe, as meaning simply ‘if there are qualified citizens available for the appointment from the Local Board area.’ ””

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