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Usery v. Turner Elkhorn Mining Co.

428 U.S. 1 · Decided July 1, 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

Usery v. Turner Elkhorn Mining Co. was decided on July 1, 1976 by a vote of 6–2. The Court vacated the lower court's decision and remanded the case. Justice Thurgood Marshall wrote the opinion of the Court. SCDB classifies its main issue as “Due process, miscellaneous” in the Due Process area.

Read the opinion

Case details

Citations
428 U.S. 1 · 96 S. Ct. 2882 · 49 L. Ed. 2d 752 · 1976 U.S. LEXIS 10
Docket number
74-1302
Decided
July 1, 1976
Argued
December 2, 1975
Court era
Burger Court
Decision type
Opinion of the Court (orally argued)
Disposition
Vacated and remanded
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
6–2
Majority opinion
Thurgood Marshall
Opinion assigned by
Warren E. Burger
How the case arrived
Appeal
Issue area
Due Process
Legal provision
Fifth Amendment (due process)
Type of law
Constitutional amendment
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William J. Brennan Jr.Majority
Justice Potter StewartDissentWrote an opinion
Justice Byron R. WhiteMajority
Justice Thurgood MarshallMajorityWrote an opinion
Chief Justice Warren E. BurgerSpecial concurrence
Justice Harry A. BlackmunMajority
Justice Lewis F. Powell Jr.ConcurrenceWrote an opinion
Justice William H. RehnquistDissent

Did not participate: John Paul Stevens.

Full case caption

Usery, Secretary of Labor, et al. v. Turner Elkhorn Mining Co. et al.

SCDB identifiers: case 1975-169, docket 1975-169-01.

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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