Schlafly v. Volpe’s Empirical Analysis
495 F.2d 273 · 1974
Citation profile
16 federal appellate · 4 district ·
How this case has been cited
Cited by 32 later decisions — most recently February 2017 · most notably Bethlehem Steel Corp. v. Bush (1990), Johnson v. Mathews (1976)
16 federal appellate · 4 district ·
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
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Abbott Laboratories v. Gardner · Association of Data Processing Service Organizations, Inc. v. Camp · Flast v. Cohen · Sierra Club v. Morton
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Since the “judgment sought would expend itself on the public treasury or domain,” Land v. Dollar, 330 U.S. 731, 738 , 67 S.Ct. 1009, 1012 , 91 L.Ed. 1209 (1947), the fact that the United States is not named as a party is irrelevant to the question of whether this action is one against the sovereign. Accordingly, the doctrine of sovereign immunity operates to deprive the court of jurisdiction unless (1) the defendants have acted beyond their statutory powers, (2) the powers exercised by the defendants (or the manner in which they were exercised) are constitutionally void, or (3) the government has consented to be sued.”
1 later decision quote this exact passage“A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a ' court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party.”
1 later decision quote this exact passage“Of course, a suit may fail, as one against the sovereign, even if it is ■ claimed that the officer being sued has acted unconstitutionally or beyond his statutory powers, if the relief requested cannot be granted by merely ordering the cessation of' the conduct complained of but will require affirmative action by the sovereign or the disposition of unquestionably sovereign property.”
1 later decision quote this exact passage
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.