Murphy v. National Collegiate Athletic Association

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Murphy v. National Collegiate Athletic Association

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Conference of March 15, 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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The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices hear oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
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
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
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.
- 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.
- 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.
More Petitions »
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Cases argued 48

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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Cases argued	48
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference