CaseTrail

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 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

JusticeVoteSeparate writing
Justice William O. DouglasDissentWrote an opinion
Justice William J. Brennan Jr.DissentWrote an opinion
Justice Potter StewartDissentWrote an opinion
Justice Byron R. WhiteMajority
Justice Thurgood MarshallDissentWrote an opinion
Chief Justice Warren E. BurgerMajority
Justice Harry A. BlackmunMajority
Justice Lewis F. Powell Jr.Majority
Justice William H. RehnquistMajority

Full case caption

Ortwein et al. v. Schwab et al.

SCDB identifiers: case 1972-074, docket 1972-074-01.

Other cases on “Indigents, costs or filing fees”

See all

Cases on the same legal provision: Fourteenth Amendment (due process)

  • Roe v. WadeLaw held unconstitutional
    410 U.S. 113Decided January 22, 19737–2Harry A. Blackmun
  • Doe v. BoltonLaw held unconstitutional
    410 U.S. 179Decided January 22, 19737–2Harry A. Blackmun
  • Ham v. South Carolina
    409 U.S. 524Decided January 17, 19737–2William H. Rehnquist
  • Douglas v. Buder
    412 U.S. 430Decided June 4, 19738–0Per curiam
  • Vlandis v. KlineLaw held unconstitutional
    412 U.S. 441Decided June 11, 19736–3Potter Stewart
  • Wardius v. OregonLaw held unconstitutional
    412 U.S. 470Decided June 11, 19739–0Thurgood Marshall

Same Term, same area (Civil Rights)

See all

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