Durham v. United States
401 U.S. 481 · Decided March 8, 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
Durham v. United States was decided on March 8, 1971 by a vote of 5–4. The Court vacated 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 “Mootness” in the Judicial Power area.
Read the opinion
Case details
- Citations
- 401 U.S. 481 · 91 S. Ct. 858 · 28 L. Ed. 2d 200 · 1971 U.S. LEXIS 72
- Docket number
- 5928
- Decided
- March 8, 1971
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Opinion assigned by
- Hugo L. Black
- How the case arrived
- Certiorari
- Issue (SCDB)
- Mootness
- Issue area
- Judicial Power
- Legal provision
- Supreme Court Rules
- Type of law
- Court rules
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | Wrote an opinion |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
Full case caption
Durham v. United States
SCDB identifiers: case 1970-059, docket 1970-059-01.
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- North Carolina v. Rice
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- Diffenderfer v. Central Baptist Church of Miami
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Cases on the same legal provision: Supreme Court Rules
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Same Term, same area (Judicial Power)
- United States v. City of Chicago
- Odom v. United States
- Fornaris v. Ridge Tool Co.
- Arnold Tours, Inc. v. Camp
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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