Tom McGrath Jr. v. Caspar W. Weinberger’s Empirical Analysis

Citation profile

7 federal appellate · 9 district · 5 state decisions

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “cases involving the presence of constitutional questions, coupled with a showing of inadequacy of the prescribed administrative relief against the background of threatened or impending irreparable injury flowing from the delay incident to pursuit of the available administrative processes.”

   2 later decisions quote this exact passage · from the majority
   e.g. Schreiber v. McCament · Luna v. Bowen

2. “'[w]e commit to administrative agencies the power to determine [the] constitutional applicability [of legislation], but we do not commit to administrative agencies the power to determine [the] constitutionality of legislation.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Schreiber v. McCament · Tillett v. Lujan

3. “[There is] no significant interest to be served by requiring [plaintiff] to exhaust administrative remedies. The agency’s expertise would not aid the court in ruling on the matter of constitutional law involving the due process claim; a detailed record involving the factual background from which this controversy arose would not aid the courts in ruling on the constitutionality of these procedures inasmuch as the issue is one of law. If [plaintiff] should be reqüired to exhaust the procedures provided under the Act and prevail, his constitutional due process challenge would be lost.”

   1 later decision quote this exact passage · from the majority
   e.g. Martinez v. Bowen