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Zschernig v. Miller

389 U.S. 429 · Decided January 15, 1968 · 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

Zschernig v. Miller was decided on January 15, 1968 by a vote of 7–1. The Court reversed the lower court's decision. Justice William O. Douglas wrote the opinion of the Court. SCDB classifies its main issue as “Miscellaneous federalism” in the Federalism area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
389 U.S. 429 · 88 S. Ct. 664 · 19 L. Ed. 2d 683 · 1968 U.S. LEXIS 2714
Docket number
21
Decided
January 15, 1968
Argued
November 7, 1967
Court era
Warren Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
7–1
Majority opinion
William O. Douglas
Opinion assigned by
Earl Warren
How the case arrived
Appeal
Issue area
Federalism
Legal provision
Article II, Section 1 (executive power)
Type of law
Constitution
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 Hugo L. BlackMajority
Justice William O. DouglasMajorityWrote an opinion
Chief Justice Earl WarrenMajority
Justice John M. Harlan IISpecial concurrenceWrote an opinion
Justice William J. Brennan Jr.Concurrence
Justice Potter StewartConcurrenceWrote an opinion
Justice Byron R. WhiteDissentWrote an opinion
Justice Abe FortasMajority

Did not participate: Thurgood Marshall.

Full case caption

Zschernig et al. v. Miller, Administrator, et al.

SCDB identifiers: case 1967-051, docket 1967-051-01.

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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