Freytag v. Commissioner’s Empirical Analysis
1991
Citation profile
558 federal appellate · 72 district · 103 state decisions
How this case has been cited
Cited by 2,238 later decisions (65 by the Supreme Court) — most recently March 2026 · most notably United States v. Olano (1993), Federal Communications Commission v. Fox Television Stations, Inc. (2009)
558 federal appellate · 72 district · 103 state decisions — followed in 16 states
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.
Appellate journey
reviewedFreytag v. Commissioner (from Fifth Circuit Court of Appeals)
Relationships
Applies 12 U.S.C. § 302 (§ 4 of the Federal Reserve Act of 1913) · 15 U.S.C. § 42 (§ 2 of the Federal Trade Commission Act of 1914) · 15 U.S.C. § 78D (§ 4 of the Securities Exchange Act of 1934) · 26 U.S.C. § 7441 · 26 U.S.C. § 7443 · 26 U.S.C. § 7443A · 26 U.S.C. § 7456 · 28 U.S.C. § 636
Relies on Johnson v. Zerbst · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Wainwright v. Sykes · Buckley v. Valeo · Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
Cited together with Buckley v. Valeo · United States v. Boyle · Freytag v. Commissioner · Welch v. Helvering · Freytag v. Commissioner
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 2,238 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The President] ... shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”
20 later decisions quote this exact passage · from the majority“Our cases consistently have expressed 'a deep reluctance to interpret a statutory provision so as to render superfluous other provisions in the same enactment.'”
18 later decisions quote this exact passage · from the majority“intentional relinquishment or abandonment of a known right.”
12 later decisions quote this exact passage · from the dissent
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.