Opinion

Brown v. United States

  • 479 U.S. 1058
  • 107 S. Ct. 938
Court
Supreme Court of the United States
Filed
Jan 20, 1987
Status
Published
Author
White
On the bench
Blackmun, White, Whom
Cited by
0 cases
Authority
More cited than 20.5%

The opinion

Justice White,

with whom Justice Blackmun joins,

dissenting.

These cases present the question whether the discretionary-function exception to liability under the Federal Tort Claims Act, 28 U. S. C. § 2680 (a), encompasses governmental decisions involving allocation of resources. The Court of Appeals in these cases held that such decisions are covered by the discretionary-function exception. 790 F. 2d 199, 202 (CA1 1986). Other Courts of Appeals have rejected this view. See Eklof Marine Corp. v. United States, 762 F. 2d 200, 204 (CA2 1985). See also Aslakson v. United States, 790 F. 2d 688, 693 (CA8 1986). I would grant one of these petitions to resolve the conflict.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.