Murphy v. National Collegiate Athletic Association

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Murphy v. National Collegiate Athletic Association

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Conference of May 16, 2019

Consolidated with:

New Jersey Thoroughbred Horsemen’s Association Inc. v. National Collegiate Athletic Association

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-476	3d Cir.	Dec 4, 2017 Tr.Aud.	May 14, 2018	6-3	Alito	OT 2017

Holding: Provisions of the Professional and Amateur Sports Protection Act that prohibit state authorization and licensing of sports gambling schemes violate the Constitution’s anticommandeering rule; no other PASPA provisions are severable from the provisions at issue.

Judgment: Reversed, 6-3, in an opinion by Justice Alito on May 14, 2018. Justice Alito delivered the opinion of the court, in which Chief Justice Roberts and Justices Kennedy, Thomas, Kagan, and Gorsuch joined, and in which Justice Breyer joined as to all but Part VI–B. Justice Thomas filed a concurring opinion. Justice Breyer filed an opinion concurring in part and dissenting in part. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined, and in which Justice Breyer joined in part.

OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays)
SCOTUS for law students: Counting at the Supreme Court (Stephen Wermiel)
Opinion analysis: Justices strike down federal sports gambling law (Updated) (Amy Howe)
OT2017 #9: "Peak SG" (First Mondays)
A "view" from the courtroom: Must be in the front row (Mark Walsh)
Argument analysis: Justices seem to side with state on sports betting (Amy Howe)
Argument preview: The 10th Amendment, anti-commandeering and sports betting (Amy Howe)
Symposium: High stakes for federalism in heavyweight clash over the anti-commandeering doctrine (Elbert Lin and Thomas M. Johnson Jr.)
Symposium: It’s time to abandon anti-commandeering (but don’t count on this Supreme Court to do it) (Steven Schwinn)
Symposium: In sports-betting case, the Supreme Court should bet on federalism (Jonathan Wood)
Symposium: Congress' bet against equal sovereignty (Zachary Price)
Symposium: Lift the harmful, failing federal ban on sports betting (Corrected) (Stacy Papadopoulos)
Symposium: Sports-betting ban clearly within Congress' power over interstate commerce (Michael Fagan)
The 10th Amendment, anti-commandeering and sports betting: In Plain English (Amy Howe)
Today's orders (Amy Howe)
Federal government files invitation briefs (Amy Howe)
Petitions of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Oct 07 2016	Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 21 2016	Order extending time to file response to petition to and including December 14, 2016.
Nov 04 2016	Brief amicus curiae of Professor Ryan M. Rodenberg filed. VIDED.
Nov 14 2016	Brief amicus curiae of The American Gaming Association filed. VIDED.
Nov 14 2016	Brief amici curiae of West Virginia, et al. filed.
Nov 14 2016	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Dec 14 2016	Brief of respondents National Collegiate Athletic Association, et al. in opposition filed. VIDED.
Dec 27 2016	Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
Dec 28 2016	DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23 2017	Brief amicus curiae of United States filed. VIDED.
Jun 06 2017	Supplemental brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
Jun 06 2017	DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017	DISTRIBUTED for Conference of June 26, 2017.
Jun 27 2017	Petition GRANTED. The petition for a writ of certiorari in 16-477 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Jul 07 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
Jul 19 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. VIDED
Jul 21 2017	Brief amicus curiae of Professor Ryan M. Rodenberg in support of neither party filed. VIDED.
Jul 31 2017	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 29, 2017. VIDED.
Jul 31 2017	The time to file respondents' brief on the merits is extended to and including October 16, 2017. VIDED.
Aug 29 2017	Joint appendix filed. VIDED. (Statement of costs filed)
Aug 29 2017	Brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
Aug 29 2017	Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Aug 30 2017	Brief amicus curiae of Researcher John T. Holden filed. VIDED.
Sep 05 2017	Brief amicus curiae of The American Gaming Association filed. VIDED.
Sep 05 2017	Brief amici curiae of National Governors Association, et al. filed.
Sep 05 2017	Brief amici curiae of West Virgina, 17 other States and the Governors of Kentucky, Maryland and North Dakota filed.
Sep 05 2017	Brief amicus curiae of New Sports Economy Institute in support of neither party filed. VIDED.
Sep 05 2017	Brief amici curiae of Constitutional Law Scholars filed.
Sep 05 2017	Brief amici curiae of European Sports Security Association, et al. filed. VIDED.
Sep 05 2017	Brief amicus curiae of Congressman Frank J. Pallone, Jr. filed. VIDED
Oct 06 2017	SET FOR ARGUMENT ON Monday, December 4, 2017. VIDED.
Oct 16 2017	Brief of respondents National Collegiate Athletic Association, et al. filed. VIDED.
Oct 18 2017	Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 18 2017	Record requested from the U.S.C.A. 3rd Circuit.
Oct 19 2017	CIRCULATED
Oct 23 2017	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)
Oct 23 2017	Brief amici curiae of Stop Predatory Gambling, et al. filed. VIDED. (Distributed)
Oct 23 2017	Brief amicus curiae of United States filed. VIDED. (Distributed)
Oct 23 2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Nov 02 2017	Record received from U.S.C.A. 3rd Circuit is electronic.
Nov 13 2017	Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 13 2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 15 2017	Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
Dec 04 2017	Argued. For petitioners: Theodore B. Olson, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C.; and Jeffrey B. Wall, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jan 19 2018	Letter of petitioner pursuant to Rule 35.3 filed.
May 14 2018	Judgment REVERSED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Kagan, and Gorsuch, JJ., joined, and in which Breyer, J., joined as to all but Part VI-B. Thomas, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in part and dissenting in part. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Breyer, J., joined in part. VIDED.
Jun 15 2018	JUDGMENT ISSUED.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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23
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