New Jersey Thoroughbred Horsemen’s Association Inc. v. National Collegiate Athletic Association
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-477 | 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)
- 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: High stakes for federalism in heavyweight clash over the anti-commandeering doctrine (Elbert Lin and Thomas M. Johnson Jr., August 17, 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: In sports-betting case, the Supreme Court should bet on federalism (Jonathan Wood, August 16, 2017)
- Symposium: Congress' bet against equal sovereignty (Zachary Price, August 16, 2017)
- Symposium: Lift the harmful, failing federal ban on sports betting (Corrected) (Stacy Papadopoulos, August 15, 2017)
- Symposium: Sports-betting ban clearly within Congress' power over interstate commerce (Michael Fagan, 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 21, 2016)
| Date | Proceedings and Orders |
|---|---|
| Sep 29 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. |
| Dec 14 2016 | Brief of respondents National Collegiate Athletic Association, et al. in opposition filed. VIDED. |
| Dec 28 2016 | DISTRIBUTED for Conference of January 13, 2017. |
| Dec 28 2016 | Reply of petitioner New Jersey Thoroughbred Horsemen's Association, Inc. filed. (Distributed) |
| 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 petitioner New Jersey Thoroughbred Horsemen's Association, Inc. 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 16-476 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
| Jul 11 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for 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 petitioner New Jersey Thoroughbred Horsemen's Association, Inc. 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 amicus curiae of New Sports Economy Institute in support of neither party filed. VIDED. |
| Sep 05 2017 | Brief amicus 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 respondent 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 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. |
| Oct 23 2017 | Brief amici curiae of Stop Predatory Gambling, et al filed. VIDED. (Distributed) |
| Nov 02 2017 | Record received from the U.S.C.A. 3rd Circuit is electronic. |
| Nov 13 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 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 15 2017 | Reply of petitioner New Jersey Thoroughbred Horsemen's Association, Inc. 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. |
| 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. |
