McElroy v. United States ex Rel. Guagliardo
361 U.S. 281 · Decided January 18, 1960 · Supreme Court of the United States
At a glance
McElroy v. United States ex Rel. Guagliardo was decided on January 18, 1960 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Tom C. Clark wrote the opinion of the Court. SCDB classifies its main issue as “Military, active duty” in the Civil Rights area. SCDB records that the Court declared an act of Congress unconstitutional.
Read the opinion
Case details
- Citations
- 361 U.S. 281 · 80 S. Ct. 305 · 4 L. Ed. 2d 282 · 1960 U.S. LEXIS 1744
- Docket number
- 21
- Decided
- January 18, 1960
- Argued
- October 21, 1959
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- Tom C. Clark
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Military, active duty
- Issue area
- Civil Rights
- Legal provision
- Uniform Code of Military Justice
- Type of law
- Federal statute
- 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 Felix Frankfurter | Dissent | |
| Justice William O. Douglas | Majority | |
| Justice Tom C. Clark | Majority | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Charles E. Whittaker | Dissent | Wrote an opinion |
| Justice Potter Stewart | Dissent |
Full case caption
McElroy, Secretary of Defense, et al. v. United States ex Rel. Guagliardo
SCDB identifiers: case 1959-022, docket 1959-022-01.
Related decisions
Other cases on “Military, active duty”
- Kinsella v. United States ex Rel. SingletonLaw held unconstitutional
- Grisham v. HaganLaw held unconstitutional
- Lee v. Madigan
- Marshall v. Brucker
- Harmon v. Brucker
- Beard v. Stahr
Cases on the same legal provision: Uniform Code of Military Justice
Same Term, same area (Civil Rights)
- Kinsella v. United States ex Rel. SingletonLaw held unconstitutional
- Grisham v. HaganLaw held unconstitutional
- United States v. RainesAltered precedent
- United States v. Thomas
- Willis v. United States
- Mackey v. Mendoza-Martinez
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