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Whalen v. United States

445 U.S. 684 · Decided April 16, 1980 · 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

Whalen v. United States was decided on April 16, 1980 by a vote of 7–2. The Court reversed the lower court's decision and remanded the case. Justice Potter Stewart wrote the opinion of the Court. SCDB classifies its main issue as “Double jeopardy” in the Criminal Procedure area.

Read the opinion

Case details

Citations
445 U.S. 684 · 100 S. Ct. 1432 · 63 L. Ed. 2d 715 · 1980 U.S. LEXIS 15
Docket number
78-5471
Decided
April 16, 1980
Argued
November 27, 1979
Court era
Burger Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed and remanded
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
7–2
Majority opinion
Potter Stewart
Opinion assigned by
William J. Brennan Jr.
How the case arrived
Certiorari
Issue (SCDB)
Double jeopardy
Legal provision
Fifth Amendment (double jeopardy)
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 StewartMajorityWrote an opinion
Justice Byron R. WhiteSpecial concurrenceWrote an opinion
Justice Thurgood MarshallMajority
Chief Justice Warren E. BurgerDissent
Justice Harry A. BlackmunSpecial concurrenceWrote an opinion
Justice Lewis F. Powell Jr.Majority
Justice William H. RehnquistDissentWrote an opinion
Justice John Paul StevensMajority

Full case caption

Whalen v. United States

SCDB identifiers: case 1979-069, docket 1979-069-01.

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Cases on the same legal provision: Fifth Amendment (double jeopardy)

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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