Ex parte McCardle’s Empirical Analysis
73 U.S. 318 · 1867
Citation profile
30 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 76 later decisions (25 by the Supreme Court) — most recently June 2020 · most notably Teague v. Lane (1989), Fay v. Noia (1963)
30 federal appellate · 2 district · 5 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
Relies on Ex Parte Bollman and Ex Parte Swartwout
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This legislation is of the most comprehensive character. It brings within the habeas corpus jurisdiction of every court and of every judge every possible case of privation of liberty contrary to the National Constitution, treaties, or laws. It is impossible to widen this jurisdiction.”
4 later decisions quote this exact passage · from the majority““Sec. 703. From the final decision of any court, justice, or jtidge inferior to the Circuit Court, upon an application for a writ of habeas corpus or upon such writ when issued, an appeal may be taken to the Circuit Court for the district in which the cause is heard: “1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. “2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in the custody by or under the authority or law of the United States, or of any state, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or. claimed under the commission, order, or sanction of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. “Sec. 7G4. From the final decision of such Circuit Court an appeal may be taken to.the Supreme Court in the eases described in the last clause of the preceding section.””
2 later decisions quote this exact passagee.g. Cross v. Burke · In re Graves““The several Justices and judges of the said courts, within their respective jurisdictions, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty.””
1 later decision quote this exact passage
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.