Hernandez v. Mesa’s Empirical Analysis

Citation profile

3 federal appellate ·

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he transnational aspect of the facts present[ed] a 'new context' under Bivens , and numerous 'special factors' counsel[ed] against federal courts' interference with the Executive and Legislative branches of the federal government.”

   4 later decisions quote this exact passage
   e.g. Rodriguez v. Swartz · Maria S. v. Garza

2. “the courts must refrain from creating the remedy in order to respect the role of Congress in determining the nature and extent of federal-court jurisdiction under Article III.”

   3 later decisions quote this exact passage
   e.g. Maria S. v. Garza · Cant v. Moody

3. “A case might differ in a meaningful way because of [1] the rank of the officers involved; [2] the constitutional right at issue; [3] the generality or specificity of the official action; [4] the extent of judicial guidance as to how an officer should respond to the problem or emergency to be confronted; [5] the statutory or other legal mandate under which the officer was operating; [6] the risk of disruptive intrusion by the Judiciary into the functioning of other branches; or [7] the presence of potential special factors that previous Bivens cases did not consider.”

   2 later decisions quote this exact passage
   e.g. Cant v. Moody · Daniel Cantu v. James Moody