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Cafeteria & Restaurant Workers Union v. McElroy

367 U.S. 886 · Decided June 19, 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

Cafeteria & Restaurant Workers Union v. McElroy was decided on June 19, 1961 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Security risk dismissals or benefit denials” in the First Amendment area.

Read the opinion

Case details

Citations
367 U.S. 886 · 81 S. Ct. 1743 · 6 L. Ed. 2d 1230 · 1961 U.S. LEXIS 814
Docket number
97
Decided
June 19, 1961
Argued
January 12, 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
5–4
Majority opinion
Potter Stewart
Opinion assigned by
Felix Frankfurter
How the case arrived
Certiorari
Issue area
First Amendment
Legal provision
Fifth Amendment (due process)
Type of law
Constitutional amendment
Decision direction (SCDB)
Conservative what this means

How the Justices voted

Full case caption

Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO, et al. v. McElroy et al.

SCDB identifiers: case 1960-138, docket 1960-138-01.

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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