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United States v. Schwimmer

279 U.S. 644 (1929)

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United States v. Schwimmer

United States Supreme Court
279 U.S. 644 (1929)

  • Written by Noah Lewis, JD

Facts

Rosika Schwimmer (plaintiff), a woman over the age of 50, petitioned for naturalization as a United States citizen because she preferred to live in the United States over any other country. A well-known Quaker pacifist, Schwimmer believed in organized government and held an optimistic belief that war would end and humankind would live peacefully together. A federal district court denied Schwimmer’s petition because she could not take the oath of allegiance without reservation and was not prepared to bear arms to defend the United States Constitution, although a woman would not have been allowed to do so anyway. The appellate court reversed and ordered the district court to grant Schwimmer’s petition, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Butler, J.)

Dissent (Holmes, J.)

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