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Illinois State Board of Elections v. Socialist Workers Party

440 U.S. 173 · Decided February 22, 1979 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Illinois State Board of Elections v. Socialist Workers Party was decided on February 22, 1979 unanimously (9–0). The Court affirmed the lower court's decision. Justice Thurgood Marshall wrote the opinion of the Court. SCDB classifies its main issue as “Ballot access” in the Civil Rights area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
440 U.S. 173 · 99 S. Ct. 983 · 59 L. Ed. 2d 230 · 1979 U.S. LEXIS 61
Docket number
77-1248
Decided
February 22, 1979
Argued
November 6, 1978
Court era
Burger Court
Decision type
Opinion of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
9–0 (unanimous)
Majority opinion
Thurgood Marshall
Opinion assigned by
Warren E. Burger
How the case arrived
Appeal
Issue (SCDB)
Ballot access
Issue area
Civil Rights
Legal provision
Fourteenth Amendment (equal protection)
Type of law
Constitutional amendment
Held unconstitutional
A state or territorial law, regulation or constitutional provision
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William J. Brennan Jr.Majority
Justice Potter StewartMajority
Justice Byron R. WhiteMajority
Justice Thurgood MarshallMajorityWrote an opinion
Chief Justice Warren E. BurgerSpecial concurrence
Justice Harry A. BlackmunConcurrenceWrote an opinion
Justice Lewis F. Powell Jr.Majority
Justice William H. RehnquistSpecial concurrenceWrote an opinion
Justice John Paul StevensSpecial concurrenceWrote an opinion

Full case caption

Illinois State Board of Elections v. Socialist Workers Party et al.

SCDB identifiers: case 1978-043, docket 1978-043-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error