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Decker, U.S. District Judge v. Harper & Row Publishers, Inc.

400 U.S. 348 · Decided January 12, 1971 · 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

Decker, U.S. District Judge v. Harper & Row Publishers, Inc. was decided on January 12, 1971 by a vote of 4–4. The Court affirmed the lower court's decision. The Justices were equally divided, which leaves the lower court's judgment in place without setting precedent.

Read the opinion

Case details

Citations
400 U.S. 348 · 91 S. Ct. 479 · 27 L. Ed. 2d 433 · 1971 U.S. LEXIS 148
Docket number
113
Decided
January 12, 1971
Argued
December 16, 1970
Court era
Burger Court
Decision type
Equally divided vote
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
4–4
How the case arrived
Certiorari
Decision direction (SCDB)
Unspecifiable what this means

How the Justices voted

JusticeVoteSeparate writing
Justice Hugo L. BlackEqually divided vote
Justice John M. Harlan IIEqually divided vote
Justice William J. Brennan Jr.Equally divided vote
Justice Potter StewartEqually divided vote
Justice Byron R. WhiteEqually divided vote
Justice Thurgood MarshallEqually divided vote
Chief Justice Warren E. BurgerEqually divided vote
Justice Harry A. BlackmunEqually divided vote

Did not participate: William O. Douglas.

Full case caption

Decker, U.S. District Judge, et al. v. Harper & Row Publishers, Inc., et al.

SCDB identifiers: case 1970-018, docket 1970-018-01.

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