Talk:In re Summers

Latest comment: 13 years ago by Tim1965 in topic Since the 70s

Since the 70s

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Warning: law commentary without a degree.

A quick search through cases in Google Scholar indicates that Summers was quoted only twice by the supreme court since the 70s: briefly in Asarco Inc. v. Kadish (1989) regarding the definition of a "cause or controversy", and more at length in District of Columbia Court of Appeals v. Feldman (1983) on issues related to the abilities of the federal to review bar admission/disbarment decisions.

As far as I can tell, these and the nature/definition of judicial proceedings are the primary application of the case since the oath cases on the 70s: that issue seems at first glance not to have been raised at circuit level after 1980. Circéus (talk) 19:10, 14 November 2010 (UTC)Reply

  • In re Summers was cited heavily in the 1950s and 1960s. But the Supreme Court's jurisprudence in this area has changed remarkably since the mid-1960s, and as the article points out it is not clear whether the Court see Summers as good case law or not. But it certainly has not overruled it. (Typical: The Court wants to uphold stare decisis, so even when it abandons a case it won't actually say so. You can count on two hands how many cases the Court has actually overruled.) - Tim1965 (talk) 01:31, 15 November 2010 (UTC)Reply