Murphy v. National Collegiate Athletic Association

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Murphy v. National Collegiate Athletic Association

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

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Conference of February 15, 2019

Conference

Holiday

Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73