In The

Supreme Court of the United States




Decided May 2, 1988

Justice O’Connor, Concurring in part and dissenting in part

Topic: Civil Rights*Court vote: 6–2
Note: No other Justices joined this opinion.
Citation: 485 U.S. 759 Docket: 86–228Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, concurring in part and dissenting in part.

I join Parts I, II-A, and III of JUSTICE SCALIA's opinion in this case. For the reasons given in Part II of JUSTICE WHITE's opinion, however, I dissent from Part II-B of JUSTICE SCALIA's opinion. In my view, when the correct standard of materiality is applied to the facts of this case, the misrepresentations made by petitioner are properly viewed as material.

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