John Patrick Liteky, Charles Joseph Liteky and Roy Lawrence Bourgeois v. United States
510 U.S. 540 · No. 92-6921 · 1993 term · Rehnquist Court
Decided Mar 7, 1994 · argued Nov 3, 1993
Due process · Due process: impartial decision maker
Majority opinion: Antonin Scalia
The voteMajority
9–09 in the majority, 0 in dissent
No dissent (9–0)
Affirmed. John Patrick Liteky, Charles Joseph Liteky and Roy Lawrence Bourgeois lost.
What this ruling means
Affirmed: the Supreme Court upheld the decision of the U.S. Court of Appeals, Eleventh Circuit, so it stands (sometimes with changes the Court made to it).
John Patrick Liteky, Charles Joseph Liteky and Roy Lawrence Bourgeois was the petitioner, the side that asked the Supreme Court to review the case. “Lost” means the Court did not give 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.
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.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 1993 term. Filled: the 9 in the majority. Hollow: the 0 in dissent. Colour is the party of the president who appointed them.
Majority(9)
Antonin ScaliaWrote the majority opinion
Anthony KennedyWrote a concurrence
John StevensJoined the majority
Harry BlackmunJoined the majority
David SouterJoined the majority
Ruth GinsburgJoined the majority
Sandra O'ConnorJoined the majority
William RehnquistJoined the majority
Clarence ThomasJoined the majority
Dissent(0)
- None.
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.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- John Patrick Liteky, Charles Joseph Liteky and Roy Lawrence BourgeoisDefendant
- Respondent
- United StatesUnited States
- Reached the Court by
- Certiorari (the Court chose to hear it)
- Why it was taken
- Federal appeals courts had ruled differently on the question
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.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- 28 U.S.C. § 455
- Kind of law
- Infrequently litigated statutes
- Decided by
- Statutory construction
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.
Timeline
What happened at the Court and how the case got there, newest first.
- Mar 7, 1994DecidedDecided · Decided 9–0: affirmed. John Patrick Liteky, Charles Joseph Liteky and Roy Lawrence Bourgeois lost.
- Nov 3, 1993ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari). Federal appeals courts had ruled differently on the question.
- Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Eleventh Circuit: affirmed.
- Not datedBeganBegan · The case began in the Georgia Middle 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.
Other decisions on the same issue
13 other argued cases since 1946 on due process: impartial decision maker, newest first.
- Williams v. Pennsylvania579 U.S. 1Jun 9, 2016 · 579 U.S. 1Due process5–36–3 band
- Hugh M. Caperton, et al. v. A. T. Massey Coal Company, Inc., et al.556 U.S. 868Jun 8, 2009 · 556 U.S. 868Due process5–45–4 band
- Liljeberg v. Health Services Acquisition Corp.486 U.S. 847Jun 17, 1988 · 486 U.S. 847Due process5–45–4 band
- Aetna Life Insurance Co. v. Lavoie et al.475 U.S. 813Apr 22, 1986 · 475 U.S. 813Due process8–0Unanimous band
- Schweiker, Secretary of Health and Human Services v. McClure et al.456 U.S. 188Apr 20, 1982 · 456 U.S. 188Due process9–0Unanimous band
- Smith, Correctional Superintendent v. Phillips455 U.S. 209Jan 25, 1982 · 455 U.S. 209Due process6–36–3 band
- United States v. Raddatz447 U.S. 667Jun 23, 1980 · 447 U.S. 667Due process5–45–4 band
- Marshall, Secretary of Labor, et al. v. Jerrico, Inc.446 U.S. 238Apr 28, 1980 · 446 U.S. 238Due process9–0Unanimous band
- Hortonville Joint School District No. 1 et al. v. Hortonville Education Assn. et al.426 U.S. 482Jun 17, 1976 · 426 U.S. 482Due process6–36–3 band
- Withrow et al. v. Larkin421 U.S. 35Apr 16, 1975 · 421 U.S. 35Due process9–0Unanimous band
- Taylor v. Hayes, Judge418 U.S. 488Jun 26, 1974 · 418 U.S. 488Due process8–18–1 band
- Ward v. Village of Monroeville409 U.S. 57Nov 14, 1972 · 409 U.S. 57Due process7–27–2 band
- In re Murchison et al.349 U.S. 133May 16, 1955 · 349 U.S. 133Due process6–36–3 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.
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.