Ortwein v. Schwab
410 U.S. 656 · Decided March 5, 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
Ortwein v. Schwab was decided on March 5, 1973 by a vote of 5–4. 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 “Indigents, costs or filing fees” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 410 U.S. 656 · 93 S. Ct. 1172 · 35 L. Ed. 2d 572 · 1973 U.S. LEXIS 24
- Docket number
- 72-5431
- Decided
- March 5, 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
- 5–4
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Indigents, costs or filing fees
- Issue area
- Civil Rights
- Legal provision
- Fourteenth Amendment (due process)
- Type of law
- Constitutional 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. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | Wrote an opinion |
| 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
Ortwein et al. v. Schwab et al.
SCDB identifiers: case 1972-074, docket 1972-074-01.
Related decisions
Other cases on “Indigents, costs or filing fees”
- United States v. Kras
- Gaca v. United States
- James v. StrangeLaw held unconstitutional
- Huffman v. Boersen
- Schilb v. Kuebel
- Fuller v. Oregon
Cases on the same legal provision: Fourteenth Amendment (due process)
- Roe v. WadeLaw held unconstitutional
- Doe v. BoltonLaw held unconstitutional
- Ham v. South Carolina
- Douglas v. Buder
- Vlandis v. KlineLaw held unconstitutional
- Wardius v. OregonLaw held unconstitutional
Same Term, same area (Civil Rights)
- Philpott v. Essex County Welfare BoardLaw held unconstitutional
- District of Columbia v. Carter
- United States v. Kras
- Goosby v. Osser
- Gomez v. PerezLaw held unconstitutional
- Mahan v. HowellLaw 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