Mitchum v. Foster
407 U.S. 225 · Decided June 19, 1972 · 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
Mitchum v. Foster was decided on June 19, 1972 unanimously (7–0). The Court reversed the lower court's decision and remanded the case. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Comity, obscenity” in the Judicial Power area.
Read the opinion
Case details
- Citations
- 407 U.S. 225 · 92 S. Ct. 2151 · 32 L. Ed. 2d 705 · 1972 U.S. LEXIS 104
- Docket number
- 70-27
- Decided
- June 19, 1972
- Argued
- December 13, 1971
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–0 (unanimous)
- Majority opinion
- Potter Stewart
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Comity, obscenity
- Issue area
- Judicial Power
- Legal provision
- 28 U.S.C. § 2283
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Concurrence | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Concurrence | Wrote an opinion |
| Justice Harry A. Blackmun | Concurrence |
Did not participate: Lewis F. Powell Jr., William H. Rehnquist.
Full case caption
Mitchum, Dba Book Mart v. Foster et al.
SCDB identifiers: case 1971-144, docket 1971-144-01.
Related decisions
Other cases on “Comity, obscenity”
Cases on the same legal provision: 28 U.S.C. § 2283
- National Labor Relations Board v. Nashfinch Co.
- Gibson v. Berryhill
- Atlantic Coast Line Railroad Co. v. Brotherhood of Locomotive Engineers
- County of Imperial v. Munoz
- Leiter Minerals, Inc. v. United States
- Chick Kam Choo v. Exxon Corp.
Same Term, same area (Judicial Power)
- Hicks v. Pleasure House, Inc.
- Slayton v. Smith
- North Carolina v. Rice
- Securities and Exchange Commission v. Medical Committee for Human Rights
- Diffenderfer v. Central Baptist Church of Miami
- Board of Regents of the University of Texas System v. New Left Education Project
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