Carmichael v. Kellogg, Brown & Root Services, Inc.’s Empirical Analysis
572 F.3d 1271 · 2009
Citation profile
25 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 110 later decisions (1 by the Supreme Court) — most recently June 2022 · most notably Brown v. Alabama Department of Transportation (2010), Houston v. Marod Supermarkets, Inc. (2013)
25 federal appellate · 6 district · 2 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
Relies on Baker v. Carr · Bonner v. City of Prichard · Massachusetts v. Environmental Protection Agency · Japan Whaling Ass'n v. American Cetacean Society · Gilligan v. Morgan
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. a textually demonstrable constitutional commitment of the issue to a coordinate political department; 2. a lack of judicially discoverable and manageable standards for resolving it; 3. the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; 4. the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; 5. an unusual need for unquestioning adherence to a political decision already made; or 6. the potentiality of embarrassment from multifarious pronouncements by various departments on one question.”
2 later decisions quote this exact passage · from the majority“Facial challenges to subject matter jurisdiction are based solely on the allegations in the complaint. When considering such challenges, the court must, as with a Rule 12(b)(6) motion, take the complaint’s allegations as true. However, where a defendant raises a factual attack on subject matter jurisdiction, the district court may consider extrinsic evidence such as deposition testimony and affidavits.”
2 later decisions quote this exact passage · from the majority“It would be difficult to think of a clearer example of the type of governmental action that was intended by the Constitution to be left to the political branches directly responsible — as the Judicial Branch is not — to the electoral process. Moreover, it is difficult to conceive of an area of governmental activity in which the courts have less competence. The complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments, subject always to civilian control of the Legislative and Executive Branches.”
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.