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Katzenbach v. McClung

Significance, Further Readings


Nicholas Katzenbach, Acting Attorney General, et al.


Ollie McClung, Sr.

Appellants' Claim

That a restaurant cannot refuse service to African Americans under the Commerce Clause.

Chief Lawyer for Appellants

Archibald Cox, U.S. Solicitor General

Chief Lawyer for Appellee

Robert McDavid Smith

Justices for the Court

Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark (writing for the Court), William O. Douglas, Arthur Goldberg, John Marshall Harlan II, Potter Stewart, Earl Warren, Byron R. White

Justices Dissenting



Washington, D.C.

Date of Decision

14 December 1964


The Supreme Court held that because some of the food served in the appellant's restaurant originated out of state, Congress could, under the Commerce Clause, outlaw racial segregation in this privately-owned business.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972