Brehm v. Harris’s Empirical Analysis
619 F.2d 1016 · 1980
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 16 later decisions — most recently April 2019
8 federal appellate ·
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
Applies 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935)
Relies on Weinberger v. Salfi · Roth v. United States · Flemming v. Nestor · Vance v. Bradley · Richardson v. Belcher
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(8) In the case of— (B)an individual entitled to disability insurance benefits, ... a child of such individual adopted after such individual became enti-tied to such ... disability insurance benefits shall be deemed [ineligible for CIB] unless such child— (C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or (D)(i) was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, (ii) was living with such individual in the United States and receiving at least one-half of his support from such individual ... (II) if he is an individual referred to in subpara- graph (B), for the year immediately before the month in which began the period of disability of such individual which still exists at the time of adoption, ... or the month in which such individual became entitled to disability insurance benefits, or (III) if he is an individual referred to in ... subparagraph (B) and the child is the grandchild or great-grandchild of such individual or his or her spouse, for the year immediately before the month in which such child filed his or her application for child’s insurance benefits, and (iii) had not attained the age of 18 before he began living with such individual.”
2 later decisions quote this exact passage · from the majority“[W]hen we deal with a withholding of a noncontractual benefit under a social welfare program such as [Social Security], we must recognize that the Due Process Clause can be thought to interpose a bar only if the statute manifests a patently arbitrary classification, utterly lacking in rational justification.”
1 later decision quote this exact passage · from the majority“legislative facts on which (§ 202(d) (8)) is apparently based could not reasonably be conceived to be true by (Congress).”
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.