Murphy v. National Collegiate Athletic Association

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	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

OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays, May 21, 2018)
SCOTUS for law students: Counting at the Supreme Court (Stephen Wermiel, May 18, 2018)
Opinion analysis: Justices strike down federal sports gambling law (Updated) (Amy Howe, May 14, 2018)
OT2017 #9: "Peak SG" (First Mondays, December 11, 2017)
A "view" from the courtroom: Must be in the front row (Mark Walsh, December 4, 2017)
Argument analysis: Justices seem to side with state on sports betting (Amy Howe, December 4, 2017)
Argument preview: The 10th Amendment, anti-commandeering and sports betting (Amy Howe, November 27, 2017)
Symposium: It's time to abandon anti-commandeering (but don't count on this Supreme Court to do it) (Steven Schwinn, August 17, 2017)
Symposium: High stakes for federalism in heavyweight clash over the anti-commandeering doctrine (Elbert Lin and Thomas M. Johnson Jr., August 17, 2017)
Symposium: Congress' bet against equal sovereignty (Zachary Price, August 16, 2017)
Symposium: In sports-betting case, the Supreme Court should bet on federalism (Jonathan Wood, August 16, 2017)
Symposium: Sports-betting ban clearly within Congress' power over interstate commerce (Michael Fagan, August 15, 2017)
Symposium: Lift the harmful, failing federal ban on sports betting (Corrected) (Stacy Papadopoulos, August 15, 2017)
The 10th Amendment, anti-commandeering and sports betting: In Plain English (Amy Howe, August 14, 2017)
Today's orders (Amy Howe, June 27, 2017)
Federal government files invitation briefs (Amy Howe, May 26, 2017)
Petitions of the day (Kate Howard, November 22, 2016)

Date	Proceedings and Orders (key to color coding)
10/07/2016	Petition for a writ of certiorari filed. (Response due November 14, 2016)
10/21/2016	Order extending time to file response to petition to and including December 14, 2016.
11/04/2016	Brief amicus curiae of Professor Ryan M. Rodenberg filed. VIDED.
11/14/2016	Brief amicus curiae of The American Gaming Association filed. VIDED.
11/14/2016	Brief amici curiae of West Virginia, et al. filed.
11/14/2016	Brief amici curiae of Pacific Legal Foundation, et al. filed.
12/14/2016	Brief of respondents National Collegiate Athletic Association, et al. in opposition filed. VIDED.
12/27/2016	Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
12/28/2016	DISTRIBUTED for Conference of January 13, 2017.
01/17/2017	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/23/2017	Brief amicus curiae of United States filed. VIDED.
06/06/2017	Supplemental brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
06/06/2017	DISTRIBUTED for Conference of June 22, 2017.
06/26/2017	DISTRIBUTED for Conference of June 26, 2017.
06/27/2017	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.
07/07/2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
07/19/2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents. VIDED
07/21/2017	Brief amicus curiae of Professor Ryan M. Rodenberg in support of neither party filed. VIDED.
07/31/2017	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 29, 2017. VIDED.
07/31/2017	The time to file respondents' brief on the merits is extended to and including October 16, 2017. VIDED.
08/29/2017	Joint appendix filed. VIDED. (Statement of costs filed)
08/29/2017	Brief of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
08/29/2017	Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
08/30/2017	Brief amicus curiae of Researcher John T. Holden filed. VIDED.
09/05/2017	Brief amicus curiae of The American Gaming Association filed. VIDED.
09/05/2017	Brief amici curiae of National Governors Association, et al. filed.
09/05/2017	Brief amici curiae of West Virgina, 17 other States and the Governors of Kentucky, Maryland and North Dakota filed.
09/05/2017	Brief amicus curiae of New Sports Economy Institute in support of neither party filed. VIDED.
09/05/2017	Brief amici curiae of Constitutional Law Scholars filed.
09/05/2017	Brief amici curiae of European Sports Security Association, et al. filed. VIDED.
09/05/2017	Brief amicus curiae of Congressman Frank J. Pallone, Jr. filed. VIDED
10/06/2017	SET FOR ARGUMENT ON Monday, December 4, 2017. VIDED.
10/16/2017	Brief of respondents National Collegiate Athletic Association, et al. filed. VIDED.
10/18/2017	Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
10/18/2017	Record requested from the U.S.C.A. 3rd Circuit.
10/19/2017	CIRCULATED
10/23/2017	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Distributed)
10/23/2017	Brief amici curiae of Stop Predatory Gambling, et al. filed. VIDED. (Distributed)
10/23/2017	Brief amicus curiae of United States filed. VIDED. (Distributed)
10/23/2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
11/02/2017	Record received from U.S.C.A. 3rd Circuit is electronic.
11/13/2017	Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
11/13/2017	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/15/2017	Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
12/04/2017	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.
01/19/2018	Letter of petitioner pursuant to Rule 35.3 filed.
05/14/2018	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.
06/15/2018	JUDGMENT ISSUED.