Bartlett ex rel. Neuman v. Bowen’s Empirical Analysis
816 F.2d 695 · 1987
Citation profile
27 federal appellate · 18 district · 10 state decisions
How this case has been cited
Cited by 84 later decisions — most recently December 2022 · most notably Transohio Savings Bank v. Director, Office of Thrift Supervision (1992), United States v. Raymer (1991)
27 federal appellate · 18 district · 10 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 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Ex Parte: Edward T Young · Abbott Laboratories v. Gardner · Edelman v. Jordan · Baker v. Carr
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] statutory provision precluding all judicial review of constitutional issues removes from the courts an essential judicial function under our implied constitutional mandate of separation of powers, and deprives an individual of an independent forum for the adjudication of a ■claim of constitutional right. We have little doubt that such a “limitation on the jurisdiction of both state and federal court to review the constitutionality of federal legislation ... would be ‘[an] unconstitutional’ infringement of due process.””
2 later decisions quote this exact passage“but this is a flagrant misstatement of the opinion. The majority in Bartlett merely observed that 40 [C]ourts and legal scholars routinely assume that there is a due process right to have the scope of constitutional rights determined by some independent judicial body--and the Supreme Court has never held or hinted otherwise. On the contrary, although it is undisputed that Congress has some leeway to affect the jurisdiction of the lower federal courts, Congress may not deny to a person attacking a statute”
2 later decisions quote this exact passage“faced with a situation in which Congress has enacted legislation and simultaneously declared that legislation to be immune from any constitutional challenge by the plaintiff.”
2 later decisions 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.