United States v. Chas. Pfizer & Co.
Headline: Government’s appeal against several drug companies is left unchanged as the justices split evenly, so the lower-court judgment stands and the Supreme Court issues no majority opinion.
Holding: The Court affirmed the lower court’s judgment by an equally divided Court, leaving the Second Circuit’s decision in place and noting three Justices did not participate.
- Leaves the lower-court judgment intact.
- Result issued without a full Supreme Court majority opinion.
- Three Justices did not participate in the decision.
Summary
Background
This case involved the United States and several private companies named in the opinion, including a major drug manufacturer and two other corporate respondents. The matter came to the Court from the United States Court of Appeals for the Second Circuit. The Supreme Court heard argument on January 12, 1972, and issued its decision on January 24, 1972. The short opinion lists lawyers who represented the Government and the companies but provides no factual narrative about the underlying dispute in this published text.
Reasoning
The opinion is a per curiam order stating simply that "the judgment is affirmed by an equally divided Court." The text does not set out a majority opinion explaining legal reasoning. It records that three Justices—Stewart, White, and Marshall—took no part in the consideration or decision of the case. Because the Justices were evenly split, the Court’s action was to affirm the lower-court judgment without a full signed opinion from a majority of the Court.
Real world impact
As stated in the opinion, the immediate practical effect is that the ruling reached by the lower court remains in force. The Supreme Court’s brief per curiam affirmance does not include a majority opinion in this published decision, and the short text contains no further explanation of legal rules or broader holdings. Readers seeking the factual background or legal analysis will need to consult the lower-court opinion or other filings, because this Supreme Court entry records only the affirmance and the participation note.
Dissents or concurrances
No separate dissenting or concurring opinions are reported in this per curiam decision; the opinion only notes nonparticipation by three Justices.
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