In the United States v. Fleischman case of 1949, the Supreme Court ruled on whether or not a woman could be held in contempt of Congress for refusing to answer questions during a hearing. The defendant, Yetta Stromberg Fleischman, was subpoenaed by the House Committee on Un-American Activities and refused to answer certain questions about her political affiliations and activities. She argued that she had been denied due process because only men were allowed to serve on grand juries at that time in Washington D.C., where her case was heard. However, the court rejected this argument stating that since it wasn't a jury trial but rather an investigative proceeding before a congressional committee, there was no requirement for a jury at all - male or female. Therefore, they found Fleischman guilty of contempt of Congress.

In the dissenting opinion for United States v. Fleischman, Justice Robert H. Jackson disagreed with the majority's decision to uphold convictions of contempt of Congress against eleven women who refused to answer questions about their political affiliations and activities before a House committee investigating un-American activities. He argued that these women were not given fair warning or opportunity to consult counsel regarding their rights and potential penalties prior to being questioned by the committee, which he believed was necessary due process under law. Furthermore, he contended that it was inappropriate for Congress itself rather than an independent judiciary body to determine whether its own authority had been violated in such cases as this could potentially lead to abuses of power and infringements on individual liberties protected by the Constitution.