Mike Johanns v. Livestock Marketing Association
544 U.S. 550 · Decided May 23, 2005 · 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
Mike Johanns v. Livestock Marketing Association was decided on May 23, 2005 by a vote of 6–3. The Court vacated the lower court's decision and remanded the case. Justice Antonin Scalia wrote the opinion of the Court. SCDB classifies its main issue as “Commercial speech, excluding attorneys” in the First Amendment area.
Read the opinion
Case details
- Citations
- 544 U.S. 550 · 125 S. Ct. 2055 · 161 L. Ed. 2d 896 · 2005 U.S. LEXIS 4343
- Docket number
- 03-1164
- Decided
- May 23, 2005
- Argued
- December 8, 2004
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Antonin Scalia
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Commercial speech, excluding attorneys
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Dissent | |
| Justice Sandra Day O'Connor | Majority | |
| Justice Antonin Scalia | Majority | Wrote an opinion |
| Justice Anthony M. Kennedy | Dissent | Wrote an opinion |
| Justice David H. Souter | Dissent | Wrote an opinion |
| Justice Clarence Thomas | Concurrence | Wrote an opinion |
| Justice Ruth Bader Ginsburg | Special concurrence | Wrote an opinion |
| Justice Stephen G. Breyer | Concurrence | Wrote an opinion |
Full case caption
Mike Johanns, Secretary of Agriculture, et Al., v. Livestock Marketing Association et al.
SCDB identifiers: case 2004-047, docket 2004-047-01.
Related decisions
Other cases on “Commercial speech, excluding attorneys”
- Tommy G. Thompson v. Western States Medical CenterLaw held unconstitutional
- United States and Department of Agriculture v. United Foods, Inc.Law held unconstitutional
- Los Angeles Police Department v. United Reporting Publishing Corporation
- Greater New Orleans Broadcasting Association, Inc., Etc. v. United StatesLaw held unconstitutional
- Sorrell v. Ims Health Inc.Law held unconstitutional
- Dan Glickman v. Wileman Brothers & Elliott, Inc.
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Michael Clingman v. Andrea L. Beaver
- Ulysses Tory v. Johnnie L. Cochran, Jr.
- City of San Diego v. John Roe
- John D. Ashcroft v. American Civil Liberties Union
- Michael Hartman v. William G. Moore, Jr.
- City of Littleton v. Z. J. Gifts D-4, L. L. C.
Same Term, same area (First Amendment)
- City of San Diego v. John Roe
- Michael Clingman v. Andrea L. Beaver
- Jon B. Cutter v. Reginald Wilkinson
- Ulysses Tory v. Johnnie L. Cochran, Jr.
- Thomas Van Orden v. Rick Perry
- McCreary County v. American Civil Liberties Union of KentuckyLaw 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