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National Collegiate Athletic Association v. Alston

Consolidated with American Athletic Conference v. Alston (20-520)
Docket No.20-512
Op. Below9th Cir.
ArgumentMar 31, 2021

Holding

The district court's injunction pertaining to certain NCAA rules limiting the education-related benefits that schools may make available to student-athletes is consistent with established antitrust principles.

Judgment

Affirmed, 9-0, in an opinion by Neil Gorsuch on Jun 21, 2021. Justice Kavanaugh filed a concurring opinion.

Proceedings & orders timeline

Oct 15, 2020
Petition for a writ of certiorari filed. (Response due November 18, 2020)
Nov 9, 2020
Brief of respondents Shawne Alston, et al. in opposition filed. VIDED.
Nov 13, 2020
Brief amicus curiae of Sam C. Ehrlich filed. VIDED.
Nov 18, 2020
Brief amici curiae of Antitrust Law And Business School Professors filed.
Nov 18, 2020
Brief amici curiae of Antitrust Economists filed. VIDED. (Distributed)
Nov 24, 2020
DISTRIBUTED for Conference of 12/11/2020.
Nov 24, 2020
Reply of petitioner National Collegiate Athletic Association filed. (Distributed)
Dec 16, 2020
Petition GRANTED. The petition for a writ of certiorari in No. 20-520 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 16, 2020
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-512. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-512. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 21, 2020
Motion to dispense with printing the joint appendix filed by petitioners National Collegiate Athletic Association. VIDED.
Jan 4, 2021
Blanket Consent filed by Petitioner, National Collegiate Athletic Association
Jan 8, 2021
Blanket Consent filed by Respondent, Shawne Alston, et al.
Jan 11, 2021
Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
Jan 27, 2021
Brief amicus curiae of Sam C. Ehrlich in support of neither party filed. VIDED.
Feb 1, 2021
SET FOR ARGUMENT on Wednesday, March 31, 2021. VIDED.
Feb 1, 2021
Brief of petitioner National Collegiate Athletic Association filed (in 20-512).
Feb 1, 2021
Brief of petitioners American Athletic Conference, et al. filed (in 20-520).
Feb 4, 2021
Record requested from the U.S.C.A. 9th Circuit.
Feb 4, 2021
Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. Part of the record is SEALED and has been electronically filed.
Feb 5, 2021
Blanket Consent filed by Petitioner, The Big Ten Conference, Inc.
Feb 5, 2021
Brief amicus curiae of National Federation Of State High School Associations filed (in 20-512).
Feb 8, 2021
Brief amici curiae of American Council on Education and Ten Other Higher Education Associations filed. VIDED.
Feb 8, 2021
Brief amicus curiae of Thomas B. Nachbar filed. VIDED
Feb 8, 2021
Brief amici curiae of Antitrust Law And Business School Professors filed. VIDED.
Feb 8, 2021
Brief amici curiae of Antitrust Economists filed. VIDED.
Feb 8, 2021
Brief amici curiae of Georgia, et al. filed. VIDED.
Feb 8, 2021
Brief amici curiae of Former Student-Athletes filed. VIDED.
Feb 18, 2021
Application (20A145) to extend the time to file the reply briefs on the merits from 2 p.m., March 19, 2021 to 2 p.m., March 21, 2021, submitted to Justice Kagan. VIDED.
Feb 22, 2021
CIRCULATED.
Feb 24, 2021
Application (20A145) denied by Justice Kagan. VIDED.
Mar 3, 2021
Brief of respondents Shawne Alston, et al. filed. VIDED (Distributed)
Mar 9, 2021
Brief amici curiae of 65 Professors of Law, Business, Economics, and Sports Management filed. VIDED. (Distributed)
Mar 10, 2021
Brief amicus curiae of the United States filed. VIDED. (Distributed)
Mar 10, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 10, 2021
Brief amicus curiae of Advocates for Minor Leaguers filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Historians filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Sports Economists filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Former NCAA Executives filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of African American Antitrust Lawyers filed. VIDED. (Distributed)
Mar 10, 2021
Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Dr. Ellen J. Staurowsky, Dr. Eddie Comeaux, et al. filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Arizona, et al. filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of O'Bannon Plaintiff Class Representatives filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Players Associations of the National Football League, et al. filed. VIDED. (Distributed)
Mar 10, 2021
Brief amici curiae of Open Markets Institute, et al. filed. VIDED. (Distributed)
Mar 10, 2021
Brief amicus curiae of The Committee to Support the Antitrust Laws filed. VIDED. (Distributed)
Mar 19, 2021
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Mar 19, 2021
Reply of petitioner National Collegiate Athletic Association filed (in 20-512). (Distributed)
Mar 19, 2021
Reply of petitioners American Athletic Conference, et al. filed (in 20-520). (Distributed)
Mar 31, 2021
Argued. For petitioners: Seth P. Waxman, Washington, D. C. For respondents: Jeffrey L. Kessler, New York, N. Y.; and Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Jun 21, 2021
Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion. VIDED.
Jul 23, 2021
JUDGMENT ISSUED.

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