United States v. Demko
385 U.S. 149 · Decided December 5, 1966 · 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
United States v. Demko was decided on December 5, 1966 by a vote of 7–2. The Court reversed the lower court's decision. Justice Hugo L. Black wrote the opinion of the Court. SCDB classifies its main issue as “Election of remedies” in the Economic Activity area.
Read the opinion
Case details
- Citations
- 385 U.S. 149 · 87 S. Ct. 382 · 17 L. Ed. 2d 258 · 1966 U.S. LEXIS 2756
- Docket number
- 76
- Decided
- December 5, 1966
- Argued
- November 8, 1966
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–2
- Majority opinion
- Hugo L. Black
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Election of remedies
- Issue area
- Economic Activity
- Legal provision
- 18 U.S.C. § 4126
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | Wrote an opinion |
| Justice William O. Douglas | Dissent | |
| Justice Tom C. Clark | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Dissent | Wrote an opinion |
| Justice Abe Fortas | Majority |
Full case caption
United States v. Demko
SCDB identifiers: case 1966-014, docket 1966-014-01.
Related decisions
Other cases on “Election of remedies”
- Walker v. Southern Railway Co.
- Jackson v. Lykes Bros. Steamship Co., Inc.
- Amell v. United States
- Wyandotte Transportation Co. v. United States
- Gondeck v. Pan American World Airways, Inc.
- Banks v. Chicago Grain Trimmers Assn., Inc.
Same Term, same area (Economic Activity)
- United Gas Pipe Line Co. v. Federal Power Commission
- Bank of Marin v. England
- United States v. Acme Process Equipment Co.
- Watkins v. Conway
- Walker v. Southern Railway Co.
- Cascade Natural Gas Corp. v. El Paso Natural Gas Co.
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