WILLIAM MARBURY v. JAMES MADISON, Secretary of State of the United States

1803-02-24 · Supreme Court of the United States · United States

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4Relied on since

0Departed from

Relied on since

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19111 judgments32 years silent19431 judgments19441 judgments19 years silent19631 judgments

4 judgments have relied on it, across 1911–1963

first 1911 · last 1963 · busiest 1911 (1 judgments)

1963-03-18FAY, WARDEN, Et Al. v. NOIASupreme Court of the United States 1944-02-28STARK ET AL. v. WICKARD, SECRETARY OF AGRICULTURE, Et Al.Supreme Court of the United States 1943-11-22SWITCHMEN’S UNION OF NORTH AMERICA Et Al. v. NATIONAL MEDIATION BOARD Et Al.Supreme Court of the United States 1911-02-20Muskrat v. United States; Brown and Gritts v. United StatesSupreme Court of the United States

What it rests on

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Departed from

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Departure is not detected yet, and the gap is deliberate. Searching for the words the Court might use was measured on 1,019 judgments: "depart from" appears 100 times and most often means departing from the facts found by a domestic court; "overruled" appears 44 times, usually about a domestic judgment; "abandon" appears 123 times, most often as abandoned firearms. Tightened to require the Court itself as the subject, precision was still around 40%, the rest being a dissenting judge complaining, or a national supreme court departing from its own case-law. Telling a lawyer an authority is dead when it is alive is worse than saying nothing, so nothing is what this says until each candidate can be judged properly.

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