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Supreme Court · Decisions

Shillitani v. United States

384 U.S. 364 · No. 412 · 1965 term · Warren Court

Decided Jun 6, 1966 · argued Mar 2, 1966

Criminal procedure · Contempt of court or congress

Majority opinion: Tom Clark

The voteMajorityDissent

7–17 in the majority, 1 in dissent

1 dissent (8–1)

Vacated and remanded. Shillitani won.

What this ruling means

Vacated and remanded: the Supreme Court set aside the decision of the U.S. Court of Appeals, Second Circuit, wiping it out without necessarily saying the result was wrong, and sent the case back for that court to decide again under the right legal standard.

Shillitani was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Wikipedia has no article on this case, so there is no summary.

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1965 term. Filled: the 7 in the majority. Hollow: the 1 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianDouglasFortasWarrenBrennanBlackClarkStewartHarlan

Majority(7)

Dissent(1)

Did not take part: Byron White.

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
ShillitaniWitness, or person under subpoena
Respondent
United StatesUnited States
Reached the Court by
Certiorari (the Court chose to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Decided by
Supreme Court supervision of lower federal or state courts or original jurisdiction
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Jun 6, 1966DecidedDecided · Decided 7–1: vacated and remanded. Shillitani won.
  2. Mar 2, 1966ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
  4. Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Second Circuit: affirmed.
  5. Not datedBeganBegan · The case began in the New York Southern U.S. District Court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

33 other argued cases since 1946 on contempt of court or congress, newest first.

  1. Michael D. Turner, Petitioner v. Rebecca L. Rogers et al.564 U.S. 431Jun 20, 2011 · 564 U.S. 431Criminal procedure5–45–4 band

  2. John Robertson v. United States ex rel. Wykenna Watson560 U.S. 272May 24, 2010 · 560 U.S. 272Criminal procedure5–45–4 band
  3. International Union, United Mine Workers of America, et al. v. John L. Bagwell et al.512 U.S. 821Jun 30, 1994 · 512 U.S. 821Criminal procedure9–0Unanimous band

  4. Hicks, District Attorney for County of Orange, California, Acting on Behalf of Feiock v. Feiock485 U.S. 624Apr 27, 1988 · 485 U.S. 624Criminal procedure5–36–3 band
  5. United States v. Wilson et al.421 U.S. 309May 19, 1975 · 421 U.S. 309Criminal procedure6–36–3 band
  6. Maness v. Meyers, Judge419 U.S. 449Jan 15, 1975 · 419 U.S. 449Criminal procedure9–0Unanimous band
  7. Codispoti et al. v. Pennsylvania418 U.S. 506Jun 26, 1974 · 418 U.S. 506Criminal procedure5–45–4 band
  8. Johnson v. Mississippi403 U.S. 212Jun 7, 1971 · 403 U.S. 212Criminal procedure9–0Unanimous band
  9. Mayberry v. Pennsylvania400 U.S. 455Jan 20, 1971 · 400 U.S. 455Criminal procedure9–0Unanimous band
  10. In re Spencer397 U.S. 817May 4, 1970 · 397 U.S. 817Criminal procedure4–45–4 band
  11. Frank v. United States395 U.S. 147May 19, 1969 · 395 U.S. 147Criminal procedure5–36–3 band
  12. Bloom v. Illinois391 U.S. 194May 20, 1968 · 391 U.S. 194Criminal procedure7–27–2 band
  13. Cheff v. Schnackenberg, U.S. Circuit Judge, et al.384 U.S. 373Jun 6, 1966 · 384 U.S. 373Criminal procedure6–27–2 band

  14. Harris v. United States382 U.S. 162Dec 6, 1965 · 382 U.S. 162Criminal procedure5–45–4 band
  15. United States v. Barnett et al.376 U.S. 681Apr 6, 1964 · 376 U.S. 681Criminal procedure5–45–4 band
  16. Ungar v. Sarafite, Judge of the Court of General Sessions of the County of New York376 U.S. 575Mar 30, 1964 · 376 U.S. 575Criminal procedure6–36–3 band
  17. In re McConnell370 U.S. 230Jun 18, 1962 · 370 U.S. 230Criminal procedure5–27–2 band
  18. Levine v. United States362 U.S. 610May 23, 1960 · 362 U.S. 610Criminal procedure5–45–4 band
  19. Brown v. United States359 U.S. 41Mar 9, 1959 · 359 U.S. 41Criminal procedure5–45–4 band
  20. Green et al. v. United States356 U.S. 165Mar 31, 1958 · 356 U.S. 165Criminal procedure5–45–4 band
  21. Yates v. United States355 U.S. 66Nov 25, 1957 · 355 U.S. 66Criminal procedure6–36–3 band
  22. Nilva v. United States352 U.S. 385Feb 25, 1957 · 352 U.S. 385Criminal procedure5–45–4 band
  23. Cammer v. United States350 U.S. 399Mar 12, 1956 · 350 U.S. 399Criminal procedure8–0Unanimous band
  24. Courtney et al. v. Schroeder.348 U.S. 933Feb 7, 1955 · 348 U.S. 933Criminal procedure8–0Unanimous band
  25. National Union of Marine Cooks and Stewards v. Arnold et al.348 U.S. 37Nov 22, 1954 · 348 U.S. 37Criminal procedure6–27–2 band
  26. Offutt v. United States348 U.S. 11Nov 8, 1954 · 348 U.S. 11Criminal procedure5–36–3 band
  27. Sacher et al. v. United States343 U.S. 1Mar 10, 1952 · 343 U.S. 1Criminal procedure5–36–3 band

  28. McCOMB, Wage and Hour Administrator, v. Jacksonville Paper Co. et al.336 U.S. 187Feb 14, 1949 · 336 U.S. 187Criminal procedure7–27–2 band
  29. Fisher v. Pace, Sheriff336 U.S. 155Feb 7, 1949 · 336 U.S. 155Criminal procedure5–45–4 band
  30. In Re Oliver333 U.S. 257Mar 8, 1948 · 333 U.S. 257Criminal procedure7–27–2 band
  31. Maggio v. Zeitz, Trustee in Bankruptcy333 U.S. 56Feb 9, 1948 · 333 U.S. 56Criminal procedure7–27–2 band
  32. Penfield Company of California et al. v. Securities & Exchange Commission330 U.S. 585Mar 31, 1947 · 330 U.S. 585Criminal procedure7–27–2 band
  33. United States v. United Mine Workers of America330 U.S. 258Mar 6, 1947 · 330 U.S. 258Criminal procedure5–45–4 band

Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia and the argument audio on Oyez. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.