United States v. Fausto
484 U.S. 439 · Decided January 25, 1988 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
United States v. Fausto was decided on January 25, 1988 by a vote of 5–3. The Court reversed the lower court's decision. Justice Antonin Scalia wrote the opinion of the Court. SCDB classifies its main issue as “Election of remedies” in the Economic Activity area.
Read the opinion
Case details
- Citations
- 484 U.S. 439 · 108 S. Ct. 668 · 98 L. Ed. 2d 830 · 1988 U.S. LEXIS 574
- Docket number
- 86-595
- Decided
- January 25, 1988
- Argued
- October 7, 1987
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–3
- Majority opinion
- Antonin Scalia
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Election of remedies
- Issue area
- Economic Activity
- Legal provision
- 5 U.S.C. § 7501
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Justice Harry A. Blackmun | Concurrence | Wrote an opinion |
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Dissent | Wrote an opinion |
| Justice Sandra Day O'Connor | Majority | |
| Justice Antonin Scalia | Majority | Wrote an opinion |
Full case caption
United States v. Fausto
SCDB identifiers: case 1987-027, docket 1987-027-01.
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Same Term, same area (Economic Activity)
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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error