In The
Supreme Court of the United States

Kungysv.United States

Decided May 2, 1988
Justice O’Connor, Partial concurrence, partial dissent

CASE DETAILS

Topic: Civil Rights
Court vote: 6-2

Note: No other Justices joined this opinion.

Citation: 485 U.S. 759
Docket: 86-228
Audio: Listen to this case's oral arguments at Oyez

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Opinion

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.