Williams v. Barry’s Empirical Analysis
708 F.2d 789 · 1983
Citation profile
5 federal appellate · 4 district · 3 state decisions
Relationships
Relies on Perry v. Sindermann · United States v. W. T. Grant Co. · William Marbury v. James Madison · United States v. American Ry Express Co Southeastern Express Co · United States v. Aluminum Co. of America
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Mayor is an elected official and his decision on shelters is a political one. From the beginning of judicial review it has been understood that such decisions need not be surrounded and hemmed in with judicially imposed processes. Indeed, the reasons for judges not interfering with the methods by which political decisions are arrived at are closely akin, if not identical, to the considerations underlying the political question doctrine, a doctrine which denies the courts jurisdiction even to enter into certain areas. >H jje He a¡e # $ There being no substantial constraints on the decision whether to close the shelters, that decision is a wholly political one and under no circumstances that I can imagine can there be a constitutional right to have that political judgment set about and circumscribed by procedural requirements. For the same reason, I cannot subscribe to the court’s suggestion that a decision to close the shelters might in some circumstances itself be judicially reviewable____ Given our legal tradition, the suggestion that there may be judicial imposition of procedures on, and review of, plainly political decisions is revolutionary. It ought to be recognized as such, lest judges grow accustomed to the suggestion that they may control any process and begin to assume powers that clearly are not theirs.”
1 later decision quote this exact passage · from the concurrence“[h]ad there been a cross appeal, I think it highly likely that no process would have been found due,” and further that,”
1 later decision quote this exact passage · from the concurrence
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.