Morgan v. Melchar’s Empirical Analysis
442 F.2d 1082 · 1971
Citation profile
12 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1361 · 50 U.S.C. § 3809 · 50 U.S.C. § 3813
Relies on McNutt v. General Motors Acceptance Corp. · Oestereich v. Selective Service System Local Board No. 11 · Ex parte McCardle · Ehlert v. United States · Mulloy v. United States
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“its statutory discretion to pass on a particular request for classification, 'evaluating evidence and * * * determining whether a claimed exemption is deserved.' [citing Oestereich] A Local Board must make such a decision in respect of each of the many classification claims presented to it. To allow pre-induction judicial review of such determinations would be to permit precisely the kind of 'litigious interruptions of procedures to provide necessary military manpower' [cite omitted] which Congress sought to prevent when it enacted 10(b)(3).”
1 later decision quote this exact passage · from the majority“[T]he classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction . . . or an Order to Report for Civilian Work and Statement of Employer . . . 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““ * * * No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution * * * after the registrant has responded either affirmatively or negatively to an order to report for induction * *”
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.