Malmed v. Thornburgh’s Empirical Analysis
621 F.2d 565 · 1980
Citation profile
28 federal appellate · 15 district · 22 state decisions
How this case has been cited
Cited by 94 later decisions — most recently December 2018 · most notably Hancock Industries v. Schaeffer (1987), Tillman v. Lebanon County Correctional Facility (2000)
28 federal appellate · 15 district · 22 state decisions — followed in 11 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.
Relationships
Relies on Stanley v. Illinois · Dandridge v. Williams · San Antonio Independent School District v. Rodriguez · Williamson v. Lee Optical of Oklahoma, Inc. · Weinberger v. Salfi
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must determine if the [exclusionary policy] rationally furthers any legitimate state objective.”
6 later decisions quote this exact passage · from the majority“the legislature could consider that state judicial pensions available to most state judges [as pensions are] additional compensation available to senior judges but not available to active judges.” 621 F.2d at 573 note 14 (emphasis contained in original text), this court fails to see the rationality in considering pensions as”
2 later decisions quote this exact passage · from the majority“Of uneasy definition and uncertain status, the doctrine emanates from a series of Supreme Court decisions from 1971 to 1974. [citations omitted]. Each of these cases involved a statute containing rules that denied a benefit or placed a burden on all individuals possessing a certain characteristic. The characteristic is the basic fact from which a presumed fact is inferred. These decisions held that if it “is not necessarily or universally true in fact” that the basic fact implies the presumed fact, Vlandis v. Kline, 412 U.S. at 452, 93 S.Ct. at 2236 , then the statute’s irrebuttable presumption denies due process of law. Its very name suggests an analysis grounded on formal logic, and a careful examination of the Supreme Court decisions that have applied it supports the conclusion that' the doctrine is but another way of stating that a presumed fact must be based on reason, and that if a plaintiff demonstrates that the inference is not “rationally related” to a legitimate legislative classification, the inference will not pass constitutional muster.”
1 later decision quote this exact passage · from the majoritye.g. Brown v. Heckler
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.