Clark v. Gabriel
393 U.S. 256 · Decided December 16, 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
Clark v. Gabriel was decided on December 16, 1968 by a vote of 8–1. The Court reversed the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Conscientious objectors” in the First Amendment area.
Read the opinion
Case details
- Citations
- 393 U.S. 256 · 89 S. Ct. 424 · 21 L. Ed. 2d 418 · 1968 U.S. LEXIS 3
- Docket number
- 572
- Decided
- December 16, 1968
- Court era
- Warren Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–1
- Opinion assigned by
- Earl Warren
- How the case arrived
- Appeal
- Issue (SCDB)
- Conscientious objectors
- Issue area
- First Amendment
- Legal provision
- Selective Service statutes
- Type of law
- Federal statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Jurisdictional dissent | |
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Special concurrence | Co-authored an opinion |
| Justice Potter Stewart | Special concurrence | Co-authored an opinion |
| Justice Byron R. White | Special concurrence | Co-authored an opinion |
| Justice Abe Fortas | Majority | |
| Justice Thurgood Marshall | Majority |
Full case caption
Clark, Attorney General, et al. v. Gabriel
SCDB identifiers: case 1968-024, docket 1968-024-01.
Related decisions
Other cases on “Conscientious objectors”
- Welsh v. United States
- Mulloy v. United States
- United States v. Sisson
- United States v. Weller
- Gillette v. United States
- Ehlert v. United States
Cases on the same legal provision: Selective Service statutes
- Oestereich v. Selective Service System Local Board No. 11
- Duvernay v. United States.
- McKart v. United States
- United States v. O'Brien
- Eagar v. Magma Copper Co.
- Gutknecht v. United States
Same Term, same area (First Amendment)
- Epperson v. ArkansasLaw held unconstitutional
- Carroll v. President and Commissioners of Princess Anne
- Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church
- Tinker v. Des Moines Independent Community School District
- Gregory v. City of Chicago
- Shuttlesworth v. City of Birmingham
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