Marchetti v. United States
390 U.S. 39 · Decided January 29, 1968 · Supreme Court of the United States
At a glance
Marchetti v. United States was decided on January 29, 1968 by a vote of 7–1. 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 “Self-incrimination (general)” in the Criminal Procedure area. SCDB codes this decision as formally altering one or more of the Court's own precedents. SCDB records that the Court declared an act of Congress unconstitutional.
Read the opinion
Case details
- Citations
- 390 U.S. 39 · 88 S. Ct. 697 · 19 L. Ed. 2d 889 · 1968 U.S. LEXIS 3130
- Docket number
- 2
- Decided
- January 29, 1968
- Argued
- January 17, 1967
- Reargued
- October 10, 1967
- 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
- 7–1
- Majority opinion
- John M. Harlan II
- Opinion assigned by
- Hugo L. Black
- How the case arrived
- Certiorari
- Issue (SCDB)
- Self-incrimination (general)
- Issue area
- Criminal Procedure
- Legal provision
- Internal Revenue Code
- Type of law
- Federal statute
- Altered precedent
- Yes — formally altered the Court's precedent
- Held unconstitutional
- An act of Congress
- 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 | |
| Chief Justice Earl Warren | Dissent | Wrote an opinion |
| Justice John M. Harlan II | Majority | Wrote an opinion |
| Justice William J. Brennan Jr. | Concurrence | Wrote an opinion |
| Justice Potter Stewart | Concurrence | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Abe Fortas | Majority |
Did not participate: Thurgood Marshall.
Full case caption
Marchetti v. United States
SCDB identifiers: case 1967-061, docket 1967-061-01.
Related decisions
Other cases on “Self-incrimination (general)”
- Grosso v. United StatesLaw held unconstitutional
- Haynes v. United StatesLaw held unconstitutional
- Wheaton v. California
- Phillips et Vir v. California
- Chapman v. California
- Zuckerman v. Greason
Cases on the same legal provision: Internal Revenue Code
- United States v. Habig
- United States v. Correll et Ux.
- Commissioner of Internal Revenue v. Gordon et Ux.
- Northeastern Pennsylvania National Bank & Trust Co. v. United States
- Commissioner of Internal Revenue v. Stidger et Ux.
- United States v. Donruss Co.
Same Term, same area (Criminal Procedure)
- Bitter v. United States
- Roberts v. United States
- Wood v. United States
- Pinto v. Pierce
- Beecher v. Alabama
- Garner v. Yeager
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