Zschernig v. Miller
389 U.S. 429 · Decided January 15, 1968 · Supreme Court of the United States
At a glance
Zschernig v. Miller was decided on January 15, 1968 by a vote of 7–1. The Court reversed the lower court's decision. Justice William O. Douglas wrote the opinion of the Court. SCDB classifies its main issue as “Miscellaneous federalism” in the Federalism area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 389 U.S. 429 · 88 S. Ct. 664 · 19 L. Ed. 2d 683 · 1968 U.S. LEXIS 2714
- Docket number
- 21
- Decided
- January 15, 1968
- Argued
- November 7, 1967
- 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
- 7–1
- Majority opinion
- William O. Douglas
- Opinion assigned by
- Earl Warren
- How the case arrived
- Appeal
- Issue (SCDB)
- Miscellaneous federalism
- Issue area
- Federalism
- Legal provision
- Article II, Section 1 (executive power)
- Type of law
- Constitution
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Majority | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Special concurrence | Wrote an opinion |
| Justice William J. Brennan Jr. | Concurrence | |
| Justice Potter Stewart | Concurrence | Wrote an opinion |
| Justice Byron R. White | Dissent | Wrote an opinion |
| Justice Abe Fortas | Majority |
Did not participate: Thurgood Marshall.
Full case caption
Zschernig et al. v. Miller, Administrator, et al.
SCDB identifiers: case 1967-051, docket 1967-051-01.
Related decisions
Other cases on “Miscellaneous federalism”
- First National Bank of Logan v. Walker Bank & Trust Co.
- United States v. Yazell
- Corbett v. Stergios
- United States v. Little Lake Misere Land Co., Inc.
- Bonelli Cattle Co. v. Arizona
- Cousins v. Wigoda
Cases on the same legal provision: Article II, Section 1 (executive power)
- Ray v. Blair
- Ray v. Blair
- American Insurance Association v. John Garamendi
- Free Enterprise Fund and Beckstead and Watts v. Public Company Accounting Oversight BoardLaw held unconstitutional
- Bosse v. Oklahoma
- Seila Law LLC v. Consumer Financial Protection BureauLaw held unconstitutional
Same Term, same area (Federalism)
- United States v. Louisiana
- Nash v. Florida Industrial CommissionLaw held unconstitutional
- Hughes v. Washington
- Avco Corp. v. Aero Lodge No. 735
- First Agricultural National Bank of Berkshire County v. State Tax Commission
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