Kush v. Rutledge

LOCATION:Internal Revenue Service

DOCKET NO.: 81-1675
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 460 US 719 (1983)
ARGUED: Jan 12, 1983
DECIDED: Apr 04, 1983

Michael L. Gallagher – on behalf of petitioners
Michael J. Gallagher – on behalf of the Petitioners
Robert Ong Hing – on behalf of Respondent

Facts of the case


Media for Kush v. Rutledge

Audio Transcription for Oral Argument – January 12, 1983 in Kush v. Rutledge

Audio Transcription for Opinion Announcement – April 04, 1983 in Kush v. Rutledge

Warren E. Burger:

The judgment and opinion of the Court in Kush against Rutledge will be announced by Justice Stevens.

John Paul Stevens:

This case involves the construction of a provision of the Civil Rights laws that was enacted in 1871 and a statute commonly known as the Ku Klux Klan Act.

The provision in question prohibits the intimidation of witnesses in a federal judicial proceeding.

The question is whether that provision only applies to a case in which the conspiracy is motivated by an animus toward a specific class such as a racial class or does it apply to all federal proceedings.

There was a conflict among the Court of Appeals on the question which we granted certiorari to resolve and today we hold that the provision applies broadly to all federal proceedings and for that reason, in a unanimous opinion we affirm the judgment of the Court of Appeals for the Ninth Circuit.

Warren E. Burger:

Thank you Justice Stevens.