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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

JusticeVoteSeparate writing
Justice William O. DouglasMajority
Justice William J. Brennan Jr.Majority
Justice Potter StewartMajorityWrote an opinion
Justice Byron R. WhiteConcurrence
Justice Thurgood MarshallMajority
Chief Justice Warren E. BurgerConcurrenceWrote an opinion
Justice Harry A. BlackmunConcurrence

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.

Other cases on “Comity, obscenity”

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Cases on the same legal provision: 28 U.S.C. § 2283

Same Term, same area (Judicial Power)

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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