Bismullah v. Gates’s Empirical Analysis
501 F.3d 178 · 2007
Citation profile
16 federal appellate · 20 district ·
Relationships
Applies 18 U.S.C. § 641 (Livestock Fraud Protection Act) · 28 U.S.C. § 1651 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2242 (Antiterrorism and Effective Death Penalty Act of 1996) · 50 U.S.C. § 421 (§ 601 of the National Security Act of 1947) · 50 U.S.C. § 783 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Whitmore v. Arkansas · Nixon v. Warner Communications, Inc. · Hamdi v. Rumsfeld · Swidler & Berlin v. United States · Telecommunications Research & Action Center v. Federal Communications Commission
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) whether the status determination of the [CSRT] was consistent with the standards and procedures specified by the Secretary of Defense for [CSRTs] (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government’s evidence); and (ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to make the determination is consistent with the Constitution and laws of the United States.”
2 later decisions quote this exact passage“present to the Tribunal such evidence in the Government Information as may be sufficient to support the detainee’s classification as an enemy combatant ... (the evidence so presented shall constitute the “Government Evidence”) ... [and, in] the event the Government Information contains evidence to suggest that the detainee should not be designated as an enemy combatant, the Recorder shall also separately provide such evidence to the Tribunal.”
2 later decisions quote this exact passage“It is the court, not the Government, that has discretion to seal a judicial record, which the public ordinarily has the right to inspect and copy. Therefore, insofar as a party seeks to file with the court nonclassified information the Government believes should be ‘protected,’ the Government must give the court a basis for withholding it from public view.”
2 later decisions 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.