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Office of Personnel Management v. Richmond

No. 88-1943 SCOTUS · Decided SCOTUS


The Law · How the Case Works

Overview

Overview

Held that equitable estoppel cannot be applied against the government to compel payment of money from the Treasury contrary to a statutory appropriation. The Appropriations Clause bars judge-made equitable remedies that override Congress's spending decisions.

The Conclusion

**Decided June 11, 1990, by a 7-2 vote, in an opinion by Justice Kennedy.** The Court held that the Appropriations Clause bars federal courts from using equitable estoppel to order payment from the Treasury that Congress has not authorized, even where a government employee's erroneous advice caused the claimant's loss. Justice Marshall, joined by Justice Brennan, dissented; Justices White and Stevens concurred in the judgment on separate grounds.

CourtSupreme Court of the United States
FiledMar 21, 1990
CL StatusActive
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Cert Granted -
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Filed (CL) -
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SCOTUS TMR-dc94f0da Jul 27, 2026
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