In The
Supreme Court of the United States
SAN FRANCISCO ARTS & ATHLETICS, INC.
v.
UNITED STATES OLYMPIC COMMITTEE
Decided June 25, 1987
Justice O’Connor, Concurring in part and dissenting in part
| Topic: First Amendment* | Court vote: 5–4 | |
Click any Justice for detail Joining O'Connor opinion:  Justice BLACKMUN | ||
| Citation: 483 U.S. 522 | Docket: 86–270 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
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Opinion
JUSTICE O'CONNOR, with whom JUSTICE BLACKMUN joins, concurring in part and dissenting in part.
I agree with the Court's construction of § 110 of the Amateur Sports Act, 92 Stat. 3048, 36 U.S.C. § 380, and with its holding that the statute is "within constitutional bounds." Ante at 483 U. S. 535. Therefore, I join Parts I through III of the Court's opinion. But largely for the reasons explained by JUSTICE BRENNAN in 483 U. S. I believe the United States Olympic Committee and the United States are joint participants in the challenged activity, and as such are subject to the equal protection provisions of the Fifth Amendment. Accordingly, I would reverse the Court of Appeals' finding of no Government action and remand the case for determination of petitioners' claim of discriminatory enforcement.
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