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Murphy v. National Collegiate Athletic Association

Consolidated with:

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 07 2016Petition for a writ of certiorari filed. (Response due November 14, 2016)
Oct 21 2016Order extending time to file response to petition to and including December 14, 2016.
Nov 04 2016Brief amicus curiae of Professor Ryan M. Rodenberg filed. VIDED.
Nov 14 2016Brief amicus curiae of The American Gaming Association filed. VIDED.
Nov 14 2016Brief amici curiae of West Virginia, et al. filed.
Nov 14 2016Brief amici curiae of Pacific Legal Foundation, et al. filed.
Dec 14 2016Brief of respondents National Collegiate Athletic Association, et al. in opposition filed. VIDED.
Dec 27 2016Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
Dec 28 2016DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23 2017Brief amicus curiae of United States filed. VIDED.
Jun 06 2017Supplemental brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
Jun 06 2017DISTRIBUTED for Conference of June 22, 2017.
Jun 26 2017DISTRIBUTED for Conference of June 26, 2017.
Jun 27 2017Petition 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 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
Jul 19 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. VIDED
Jul 21 2017Brief amicus curiae of Professor Ryan M. Rodenberg in support of neither party filed. VIDED.
Jul 31 2017The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 29, 2017. VIDED.
Jul 31 2017The time to file respondents' brief on the merits is extended to and including October 16, 2017. VIDED.
Aug 29 2017Joint appendix filed. VIDED. (Statement of costs filed)
Aug 29 2017Brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
Aug 29 2017Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Aug 30 2017Brief amicus curiae of Researcher John T. Holden filed. VIDED.
Sep 05 2017Brief amicus curiae of The American Gaming Association filed. VIDED.
Sep 05 2017Brief amici curiae of National Governors Association, et al. filed.
Sep 05 2017Brief amici curiae of West Virgina, 17 other States and the Governors of Kentucky, Maryland and North Dakota filed.
Sep 05 2017Brief amicus curiae of New Sports Economy Institute in support of neither party filed. VIDED.
Sep 05 2017Brief amici curiae of Constitutional Law Scholars filed.
Sep 05 2017Brief amici curiae of European Sports Security Association, et al. filed. VIDED.
Sep 05 2017Brief amicus curiae of Congressman Frank J. Pallone, Jr. filed. VIDED
Oct 06 2017SET FOR ARGUMENT ON Monday, December 4, 2017. VIDED.
Oct 16 2017Brief of respondents National Collegiate Athletic Association, et al. filed. VIDED.
Oct 18 2017Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 18 2017Record requested from the U.S.C.A. 3rd Circuit.
Oct 19 2017CIRCULATED
Oct 23 2017Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)
Oct 23 2017Brief amici curiae of Stop Predatory Gambling, et al. filed. VIDED. (Distributed)
Oct 23 2017Brief amicus curiae of United States filed. VIDED. (Distributed)
Oct 23 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Nov 02 2017Record received from U.S.C.A. 3rd Circuit is electronic.
Nov 13 2017Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 13 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 15 2017Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
Dec 04 2017Argued. 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 2018Letter of petitioner pursuant to Rule 35.3 filed.
May 14 2018Judgment 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 2018JUDGMENT ISSUED.
 
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