The Supreme Court of the United States, 1967-1968

Abstract

HE COURT this past term did not engage in any spectacular break throughs but nevertheless quietly, in almost subtle and in relatively inconspicuous ways, continued its expansionist policies particularly in the area of civil liberties. On balance, probably the most nearly spectacular decision of the term was that in which both public and private racial bias in housing sales was prohibited. Once again this term the Court reached a new all-time high in cases disposed of, the total of 2,973 being slightly ahead of the previous term's 2,903 and considerably beyond the 2,693 of the 1965 term. At the same time the number of cases remaining on the docket increased to an apparently all-time record of 613 from 453 in the previous term and 591 in the 1965 term. Cases argued totaled 180, another apparent all-time high, up from the 150 of the 1966 term and the 131 of the term before that. Of the cases argued, 156 were disposed of by 110 written opinions and 19 by per curiam opinions. Five cases were set for reargument. As has come to be customary, the division of labor among the justices was remarkably even, this in spite of it being Justice Thurgood Marshall's first term on the Court. Justic Stewart wrote fourteen opinions, Justices Black, Douglas, Harlan, and Brennan each wrote thirteen, Justice White did twelve, Chief Justice Warren and Justice Fortas eleven each, and Justice Marshall wrote ten. There were seventy-nine dissenting opinions compared with seventy-four in the previous term and fifty-seven in the 1965 term. Justice Harlan retained his dissenting opinion championship by writing nineteen. Behind him came White with fifteen, Douglas with twelve and Black with eleven. The other justices followed, Fortas with eight, Stewart with six, Warren with four, Marshall with three, and Brennan with one.