Abele v. Markle’s Empirical Analysis
452 F.2d 1121 · 1971
Citation profile
40 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 69 later decisions (2 by the Supreme Court) — most recently March 2024 · most notably Roe v. Wade (1973), Steffel v. Thompson (1974)
40 federal appellate · 7 district · 1 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 28 U.S.C. § 1343 · 28 U.S.C. § 2281 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Younger v. Harris · Baker v. Carr · Griswold v. State of Connecticut · Flast v. Cohen · Dombrowski v. Pfister
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he existence of a case or controversy within this constitutional concept “depends upon whether the persons seeking relief have alleged a sufficient personal stake in the outcome to assure that the court will be called upon to resolve real issues between genuine adversaries rather than merely to give advisory opinions with respect to abstract or theoretical questions.” Abele v. Markle, (2d Cir.1971) 452 F.2d 1121, 1124 . Specifically, “the constitutionality of laws may be challenged only by those litigants who will suffer some actual injury from their enforcement, as distinguished from a remote, general, or hypothetical possibility of harm.” Id.”
2 later decisions quote this exact passage · from the majority““(1) whether the constitutional question is substantial; (2) whether the complaint at least formally alleges a basis for equitable relief; and (3) whether the case comes within the requirement of the three-judge statute.” Abele v. Markle, 452 F.2d 1121, 1125 (2 Cir. 1971).”
2 later decisions quote this exact passage · from the majority““Although some of them may in the future become pregnant and may in such event desire an abortion . . it is also possible that they will not become pregnant or that if they do they will, upon further reflection, decide for other reasons against an abortion. We need not explore the many other conditions that might preclude their gaining any stake or interest, such as change of domicile to another state, infertility, or the like. It is clear that any threat of harm to them is remote and hypothetical. Accordingly we hold that non-pregnant female plaintiffs in this category do not show a sufficient nexus or present a sufficiently concrete issue in an adversary setting to give them standing, and we affirm the district court’s dismissal of the complaint as to plaintiffs claiming standing solely on the basis of their child-bearing age.””
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.