Montana v. Kennedy
366 U.S. 308 · Decided May 22, 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
Montana v. Kennedy was decided on May 22, 1961 by a vote of 8–1. 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 “Immigration, citizenship” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 366 U.S. 308 · 81 S. Ct. 1336 · 6 L. Ed. 2d 313 · 1961 U.S. LEXIS 1115
- Docket number
- 198
- Decided
- May 22, 1961
- Argued
- March 22, 1961
- 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
- 8–1
- Majority opinion
- John M. Harlan II
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Immigration, citizenship
- Issue area
- Civil Rights
- Legal provision
- 2 Stat. 155
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Dissent | |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
Full case caption
Montana v. Kennedy, Attorney General
SCDB identifiers: case 1960-096, docket 1960-096-01.
Related decisions
Other cases on “Immigration, citizenship”
- Mackey v. Mendoza-Martinez
- Tak Shan Fong v. United States
- Berenyi v. District Director
- Astrup v. Immigration and Naturalization Service
- Moser v. United States
- United States Immigration and Naturalization Service v. Hibi
Same Term, same area (Civil Rights)
- Gomillion v. LightfootLaw held unconstitutional
- Chaunt v. United States
- Polites v. United States
- Boynton v. Virginia
- Bush v. Orleans Parish School BoardLaw held unconstitutional
- Monroe v. Pape
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