Johnson v. Johnson’s Empirical Analysis
1999
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2016
12 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
Applies 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935) · 42 U.S.C. § 659 (§ 459 of the Social Security Act of 1935) · 45 U.S.C. § 231A (Railroad Retirement Act of 1974) · 45 U.S.C. § 231E (Railroad Retirement Act of 1974)
Relies on Flemming v. Nestor · Hisquierdo v. Hisquierdo · 397 Pa. Super. 421 - Cornbleth v. Cornbleth · Olson v. Olson · 93 Ohio App. 3d 221 - Eickelberger v. Eickelberger
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This provision not only prohibits the outright division of social security benefits, it also prohibits the indirect division of benefits by awarding a nonparticipating spouse other marital property to compensate for his or her theoretical share of the participating spouse’s benefits. See Hisquierdo v. Hisquierdo, 439 U.S. 572 , 99 S.Ct. 802 , 59 L.Ed.2d 1 (1979) (any offset to a nonemployee spouse to compensate for nondivisible federal railroad benefits owned by an employed spouse impermissibly conflicted with federal law under the supremacy clause)[.]”
1 later decision quote this exact passagee.g. Jackson v. Sollie“Like Social Security, and unlike most private pension plans, railroad retirement benefits are not contractual. Congress may alter, and even ehminate, them at any time. This vulnerability to congressional edict contrasts strongly with the protection Congress has afforded recipients from creditors, tax gatherers, and all those who would ‘anticipate’ the receipt of benefits....”
1 later decision quote this exact passagee.g. Skelton v. Skelton“Although an employee’s social security account increases in relative value over his working life, social security is not a property like a pension. It is a system of social insurance. ‘To engraft upon the social security system a concept of accrued property rights would deprive it of the flexibility and boldness in adjustment to ever-changing conditions which it demands.’”
1 later decision quote this exact passagee.g. Skelton v. Skelton
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.