New Jersey Thoroughbred Horsemen’s Association Inc. v. National Collegiate Athletic Association
Consolidated with Murphy v. National Collegiate Athletic Association (16-476)
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 Samuel 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.
Sep 29, 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 4, 2016Brief amicus curiae of Professor Ryan M. Rodenberg filed. VIDED.Nov 14, 2016Brief amicus curiae of The American Gaming Association filed. VIDED.Dec 14, 2016Brief of respondents National Collegiate Athletic Association, et al. in opposition filed. VIDED.Dec 28, 2016DISTRIBUTED for Conference of January 13, 2017.
Dec 28, 2016Reply of petitioner New Jersey Thoroughbred Horsemen's Association, Inc. filed. (Distributed)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 6, 2017Supplemental brief of petitioner New Jersey Thoroughbred Horsemen's Association, Inc. filed. (Distributed)Jun 6, 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 16-476 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
Jul 11, 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for 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 petitioner New Jersey Thoroughbred Horsemen's Association, Inc. 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 5, 2017Brief amicus curiae of The American Gaming Association filed. VIDED.Sep 5, 2017Brief amicus curiae of New Sports Economy Institute in support of neither party filed. VIDED.Sep 5, 2017Brief amicus curiae of European Sports Security Association, et al. filed. VIDED.Sep 5, 2017Brief amicus curiae of Congressman Frank J. Pallone, Jr. filed. VIDED.Oct 6, 2017SET FOR ARGUMENT ON Monday, December 4, 2017. VIDED.
Oct 16, 2017Brief of respondent 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 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.Oct 23, 2017Brief amici curiae of Stop Predatory Gambling, et al filed. VIDED. (Distributed)Nov 2, 2017Record received from the U.S.C.A. 3rd Circuit is electronic.
Nov 13, 2017Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13, 2017Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 15, 2017Reply of petitioner New Jersey Thoroughbred Horsemen's Association, Inc. filed. (Distributed)Dec 4, 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.
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.
Recommended Citation: New Jersey Thoroughbred Horsemen’s Association Inc. v. National Collegiate Athletic Association, SCOTUSblog, https://www.scotusblog.com/cases/new-jersey-thoroughbred-horsemens-association-inc-v-national-collegiate-athletic-association-2/