Preiser v. Newkirk

422 U.S. 395 · Decided June 25, 1975 · Supreme Court of the United States

At a glance

Preiser v. Newkirk was decided on June 25, 1975 by a vote of 8–1. The Court vacated the lower court's decision and remanded the case. Chief Justice Warren E. Burger wrote the opinion of the Court. SCDB classifies its main issue as “Mootness” in the Judicial Power area.

Read the opinion

• CourtListener (Free Law Project) — opinion text
• Library of Congress — official U.S. Reports scan

Case details

How the Justices voted

Full case caption

Preiser, Commissioner of Correctional Services of New York, et al. v. Newkirk

SCDB identifiers: case 1974-137, docket 1974-137-01.

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Cases on the same legal provision: Article III, Section 2, Paragraph 1 (case or controversy requirement)

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  426 U.S. 363Decided June 14, 19766–3William J. Brennan Jr.
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  428 U.S. 106Decided July 1, 19765–4Harry A. Blackmun
• Vermont v. New York
  417 U.S. 270Decided June 3, 19749–0Per curiam
• Defunis v. Odegaard
  416 U.S. 312Decided April 23, 19745–4Per curiam
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  415 U.S. 452Decided March 19, 19749–0William J. Brennan Jr.

Same Term, same area (Judicial Power)

• United States v. Michigan National Corp.
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• Fusari v. Steinberg
  419 U.S. 379Decided January 14, 19759–0Lewis F. Powell Jr.
• Harris County Commissioners Court v. Moore
  420 U.S. 77Decided February 18, 19758–1Thurgood Marshall
• Board of School Commissioners of the City of Indianapolis v. Jacobs
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• Lee v. Thornton
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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