Musser v. United States
414 U.S. 31 · Decided November 12, 1973 · 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
Musser v. United States was decided on November 12, 1973 by a vote of 6–3. The Court affirmed the lower court's decision. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Conscientious objectors” in the First Amendment area.
Read the opinion
Case details
- Citations
- 414 U.S. 31 · 94 S. Ct. 196 · 38 L. Ed. 2d 190 · 1973 U.S. LEXIS 172
- Docket number
- 72-1733
- Decided
- November 12, 1973
- Court era
- Burger Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Conscientious objectors
- Issue area
- First Amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Jurisdictional dissent | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Jurisdictional dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Full case caption
Musser v. United States
SCDB identifiers: case 1973-010, docket 1973-010-01.
Related decisions
Other cases on “Conscientious objectors”
- Fein v. Selective Service System Local Board No. 7 of Yonkers
- Parisi v. Davidson
- Clay v. United States
- McGee v. United States
- Ehlert v. United States
- Gillette v. United States
Same Term, same area (First Amendment)
- Plummer v. City of ColumbusLaw held unconstitutional
- Norwell v. City of Cincinnati
- Hess v. Indiana
- Communist Party of Indiana v. WhitcombLaw held unconstitutional
- Lewis v. City of New OrleansLaw held unconstitutional
- Smith v. GoguenLaw 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