Flemming v. Nestor
363 U.S. 603 · Decided June 20, 1960 · 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
Flemming v. Nestor was decided on June 20, 1960 by a vote of 5–4. The Court reversed the lower court's decision. Justice John M. Harlan II 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
- 363 U.S. 603 · 80 S. Ct. 1367 · 4 L. Ed. 2d 1435 · 1960 U.S. LEXIS 917
- Docket number
- 54
- Decided
- June 20, 1960
- Argued
- February 24, 1960
- 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
- 5–4
- Majority opinion
- John M. Harlan II
- Opinion assigned by
- Felix Frankfurter
- How the case arrived
- Appeal
- Issue (SCDB)
- Security risk dismissals or benefit denials
- Issue area
- First Amendment
- Legal provision
- 28 U.S.C. § 2282
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice Felix Frankfurter | Majority | |
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Dissent | |
| Justice John M. Harlan II | Majority | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Charles E. Whittaker | Majority | |
| Justice Potter Stewart | Majority |
Full case caption
Flemming, Secretary of Health, Education, and Welfare, v. Nestor
SCDB identifiers: case 1959-114, docket 1959-114-01.
Related decisions
Other cases on “Security risk dismissals or benefit denials”
- Nelson v. County of Los Angeles
- Greene v. McElroy
- Taylor v. McElroy
- Cafeteria & Restaurant Workers Union v. McElroy
- Vitarelli v. Seaton
- Nostrand v. Little
Cases on the same legal provision: 28 U.S.C. § 2282
Same Term, same area (First Amendment)
- Smith v. CaliforniaLaw held unconstitutional
- Bates v. City of Little RockLaw held unconstitutional
- Nelson v. County of Los Angeles
- Talley v. CaliforniaLaw held unconstitutional
- Nostrand v. Little
- Kreshik v. Saint Nicholas Cathedral of the Russian Orthodox Church of North America
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