Ohio v. Gallagher
425 U.S. 257 · Decided April 5, 1976 · 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
Ohio v. Gallagher was decided on April 5, 1976 by a vote of 5–3. The Court vacated the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “No merits, remand to determine basis of decision” in the Judicial Power area.
Read the opinion
Case details
- Citations
- 425 U.S. 257 · 96 S. Ct. 1438 · 47 L. Ed. 2d 722 · 1976 U.S. LEXIS 36
- Docket number
- 74-492
- Decided
- April 5, 1976
- Argued
- December 2, 1975
- Court era
- Burger Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–3
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- No merits, remand to determine basis of decision
- Issue area
- Judicial Power
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Jurisdictional dissent | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Jurisdictional dissent | |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Jurisdictional dissent | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Majority |
Did not participate: John Paul Stevens.
Full case caption
Ohio v. Gallagher
SCDB identifiers: case 1975-072, docket 1975-072-01.
Related decisions
Other cases on “No merits, remand to determine basis of decision”
- Massachusetts v. Feeney
- Department of Motor Vehicles of California v. Rios
- California v. Krivda
- Capital Cities Media, Inc. v. Toole
- Aldrich v. Aldrich
- Dresner v. City of Tallahassee
Same Term, same area (Judicial Power)
- Boehning v. Indiana State Employees Assn., Inc.
- Northern Indiana Public Service Co. v. Porter County Chapter of the Izaak Walton League of America, Inc.
- Bray v. United States
- Weinstein v. Bradford
- Mathews v. Weber
- Dove v. United StatesAltered precedent
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