Kennerly v. District Court of the Ninth Judicial District of Montana
400 U.S. 423 · Decided January 18, 1971 · Supreme Court of the United States
At a glance
Kennerly v. District Court of the Ninth Judicial District of Montana was decided on January 18, 1971 by a vote of 7–2. 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 “Indians, state jurisdiction” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 400 U.S. 423 · 91 S. Ct. 480 · 27 L. Ed. 2d 507 · 1971 U.S. LEXIS 92
- Docket number
- 5370
- Decided
- January 18, 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
- 7–2
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Indians, state jurisdiction
- Issue area
- Civil Rights
- Legal provision
- 67 Stat. 590
- Type of law
- Infrequently litigated statute
- 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 | Wrote an opinion |
| Justice Byron R. White | Dissent | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority |
Full case caption
Kennerly et al. v. District Court of the Ninth Judicial District of Montana et al.
SCDB identifiers: case 1970-023, docket 1970-023-01.
Related decisions
Other cases on “Indians, state jurisdiction”
- Choctaw Nation v. Oklahoma
- Mescalero Apache Tribe v. JonesLaw held unconstitutional
- McClanahan v. Arizona State Tax CommissionLaw held unconstitutional
- Tonasket v. Washington
- Mattz v. Arnett
- Puyallup Tribe v. Department of Game of Washington
Same Term, same area (Civil Rights)
- Oregon v. MitchellLaw held unconstitutional
- Perkins v. Matthews
- Phillips v. Martin Marietta Corp.
- Relford v. Commandant, U.S. Disciplinary Barracks, Ft. Leavenworth
- Boddie v. ConnecticutLaw held unconstitutional
- Tate v. ShortLaw held unconstitutional
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