Case Citator › Lewis v. United States

Lewis v. United States

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
348 U.S. 419
Decided
Confirmed treatments
3
Flagged citations read
44 of 44
Citing cases (total)
44
Treatment dates
1965–1968
Overruled
A reviewed court has overruled this case. Lewis v. United States was overruled on its Fifth Amendment ruling about the federal wagering tax. Marchetti v. United States expressly overruled that ruling to the extent it barred a self-incrimination defense; the Supreme Court later described its action as “overruling Kahriger and Lewis” in Mackey v. United States.
More on how this was screened

Lewis's other holdings were outside that ruling. All 44 flagged citations have been read; the three adverse treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

44 later cases cite Lewis v. United States; 44 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Lewis v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Supreme Court overruled Lewis's holding that a gambler could not invoke the Fifth Amendment to defend against criminal charges for failing to register and pay the occupational wagering tax.

    Marchetti v. United States · Supreme Court of the United States · filed

    We conclude that nothing in the Court’s opinions in Kahriger and Lewis now suffices to preclude petitioner’s assertion of the constitutional privilege as a defense to the indictments under which he was convicted. To this extent Kahriger and Lewis are overruled.
    Read the full opinion on CourtListener →

  • The Supreme Court applied its rejection of Lewis's Fifth Amendment rule and reversed the occupational wagering tax convictions.

    Grosso v. United States · Supreme Court of the United States · filed

    For reasons indicated in Marchetti, supra, we have found nothing in United States v. Kahriger, 345 U. S. 22, or Lewis v. United States, 348 U. S. 419, which now warrants the exclusion of this situation from the privilege’s protection.
    Read the full opinion on CourtListener →

Questioned

  • The Second Circuit questioned whether Lewis's self-incrimination ruling could survive a later Supreme Court decision and left that issue for the Supreme Court.

    United States v. Grassia · United States Court of Appeals for the Second Circuit · filed

    Recognizing that the rationale of Albertson v. Subversive Activities Control Board, 86 S.Ct. 194 (1965), announced subsequent to our Costello opinion, may lead the Supreme Court to overrule its previous decisions in United States v. Kahriger, 345 U.S. 22, 73 S.Ct. 510, 97 L.Ed. 754 (1953), and Lewis v. United States, 348 U.S. 419, 75 S.Ct. 415, 99 L.Ed. 475 (1955), insofar as they sustained the federal wagering statutes against attack on the ground of self-incrimination, we consider that issue more appropriate for that Court’s determination.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Lewis v. United States and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace