Vance v. Rumsfeld’s Empirical Analysis
653 F.3d 591 · 2011
Citation profile
5 federal appellate · 1 district ·
Relationships
Applies 10 U.S.C. § 801 (Military Justice Act of 1968) · 10 U.S.C. § 893 · 18 U.S.C. § 2340A · 18 U.S.C. § 2340B · 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 28 U.S.C. § 1350 (Torture Victim Protection Act of 1991) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Harlow v. Fitzgerald · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Estelle v. Gamble
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the United States Government [for engaging in practices involving detention and interrogation of alien detainees suspected of terrorism] it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not know that the practices were unlawful and a person of ordinary sense and understanding would not know the practices were unlawful____Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or entity from suit, civil or criminal liability, or damages, or to provide immunity from prosecution for any criminal offense by the proper authorities.”
1 later decision quote this exact passage · from the concurrencee.g. Vance v. Rumsfeld“Courts reviewing claims of torture in violation of statutes such as the Detainee Treatment Act or in violation of the Fifth Amendment do not endanger the separation of powers, but instead reinforce the complementary roles played by the three branches of our government.”
1 later decision quote this exact passage · from the dissente.g. Zaidan v. Trump“The Framers' inherent distrust of governmental power was the driving force behind the constitutional plan that allocated powers among three independent branches. This design serves not only to make Government accountable but also to secure individual liberty.”
1 later decision quote this exact passage · from the dissente.g. Zaidan v. Trump
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.