FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. NESTOR (1960)

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Seal of the Supreme Court of the United States
FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. NESTOR
Term: 1959
Important Dates
Argued: February 24, 1960
Decided: June 20, 1960
Outcome
Reversed
Vote
5-4
Majority
Tom ClarkFelix FrankfurterJohn Harlan IIPotter StewartCharles Whittaker
Dissenting
Hugo BlackWilliam BrennanWilliam DouglasEarl Warren

FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. NESTOR is a case that was decided by the Supreme Court of the United States on June 20, 1960. The case was argued before the court on February 24, 1960.

In a 5-4 ruling, the U.S. Supreme Court reversed the ruling of the lower court. The case originated from the District Of Columbia U.S. District Court.

For a full list of cases decided in the 1950s, click here. For a full list of cases decided by the Warren Court, click here.

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About the case

  • Subject matter: First Amendment - Security risks: denial of benefits or dismissal of employees for reasons other than failure to meet loyalty oath requirements
  • Petitioner: Department or Secretary of Health, Education and Welfare
  • Petitioner state: Unknown
  • Respondent type: Alien, person subject to a denaturalization proceeding, or one whose citizenship is revoked
  • Respondent state: Unknown
  • Citation: 363 U.S. 603
  • How the court took jurisdiction: Appeal
  • What type of decision was made: Opinion of the court (orally argued)
  • Who was the chief justice: Earl Warren
  • Who wrote the majority opinion: John Harlan II

These data points were accessed from The Supreme Court Database, which also attempts to categorize the ideological direction of the court's ruling in each case. This case's ruling was categorized as conservative.

See also

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Footnotes