In The

Supreme Court of the United States




Decided June 25, 1987

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

Topic: First Amendment*Court vote: 5–4
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Joining O'Connor opinion: Justice BLACKMUN Justice BLACKMUN
Citation: 483 U.S. 522 Docket: 86–270Audio: 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, 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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