In re Anastaplo
366 U.S. 82 · Decided April 24, 1961 · 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
In re Anastaplo was decided on April 24, 1961 by a vote of 5–4. The Court affirmed the lower court's decision. Justice John M. Harlan II wrote the opinion of the Court. SCDB classifies its main issue as “Loyalty oath, bar applicants” in the First Amendment area.
Read the opinion
Case details
- Citations
- 366 U.S. 82 · 81 S. Ct. 978 · 6 L. Ed. 2d 135 · 1961 U.S. LEXIS 1268
- Docket number
- 58
- Decided
- April 24, 1961
- Argued
- December 14, 1960
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- John M. Harlan II
- Opinion assigned by
- Felix Frankfurter
- How the case arrived
- Certiorari
- Issue (SCDB)
- Loyalty oath, bar applicants
- Issue area
- First Amendment
- Legal provision
- Fourteenth Amendment (due process)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Dissent | |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Dissent | |
| Justice John M. Harlan II | Majority | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
Full case caption
In re Anastaplo
SCDB identifiers: case 1960-081, docket 1960-081-01.
Related decisions
Other cases on “Loyalty oath, bar applicants”
- Konigsberg v. State Bar of California
- Baird v. State Bar of Arizona
- In re Stolar
- Law Students Civil Rights Research Council, Inc. v. Wadmond
Cases on the same legal provision: Fourteenth Amendment (due process)
- Cohen v. Hurley
- Rogers v. Richmond
- Reck v. Pate
- Culombe v. Connecticut
- Thomas v. Virginia
- Western Union Telegraph Co. v. Pennsylvania
Same Term, same area (First Amendment)
- McPhaul v. United States
- Uphaus v. Wyman
- Shelton v. TuckerLaw held unconstitutional
- Travis v. United States
- Times Film Corp. v. City of Chicago
- Wilkinson v. United States
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