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Philip D. Murphy, Governor of New Jersey, et al. v. National Collegiate Athletic Association, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 14-4546, 14-4568, 14-4569 · judgment August 9, 2016

Decided · May 14, 2018

At-filing estimate: 11% cert probability (95% interval 6%–18%)

The Solicitor General's brief was filed May 23, 2017

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a Third Circuit decision below.

Question presented

Consolidated with 16-477. This Court's decision in New York v. United States, 505 U.S. 144 (1992), holds that the Constitution's fundamental federal structure does not permit Congress to "directly . . . compel the States to require or prohibit [certain] acts." Id. at 166. In September 2013, the U.S. Court of Appeals for the Third Circuit upheld the Professional and Amateur Sports Protection Act ("PASPA"), 28 U.S.C. § 3701 et seq., against a constitutional challenge under New York by construing PASPA’s proscription against States "authoriz[ing]" sports wagering "by law" narrowly to prohibit only the "affirmative 'authorization by law' of gambling schemes," and not repeals by States of existing sports wagering prohibitions. See Nat'l Collegiate Athletic Ass'n v. Gov. of N.J. (Christie I), 730 F.3d 218, 233 (3d Cir. 2013). After New Jersey then proceeded to repeal certain of its prohibitions on sports wagering in specified venues in the State, the en banc court reversed course and interpreted PASPAa as making it "unlawful" for New Jersey to repeal its prohibitions and affirmed an injunction that requires the State to reinstate the repealed state-law prohibitions. The court then held that it was constitutional for federal law to dictate the extent to which States must maintain their prohibitions on sports wagering. The question presented is: Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of States in contravention of New York v. United States, 505 U.S. 144 (1992)?

Counsel of record

For petitioner
Theodore B. Olson
Gibson, Dunn & Crutcher LLP

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage · 13 merits
(10 supporting pet./neither, 3 respondent)

Related
Vide, 16-477

Order
Order list, November 13, 2017

Argument & decision

Argued December 4, 2017 — Theodore B. Olson · Paul D. Clement. Listen and read along · the Court’s audio

Decided May 14, 2018. Opinion by Alito.

Proceedings

Jun 15 2018
JUDGMENT ISSUED.
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.
Jan 19 2018
Letter of petitioner pursuant to Rule 35.3 filed.
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.
Nov 15 2017
Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed. (Distributed)
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 02 2017
Record received from U.S.C.A. 3rd Circuit is electronic.
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.
Oct 19 2017
CIRCULATED
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 16 2017
Brief of respondents National Collegiate Athletic Association, et al. filed. VIDED.
Oct 06 2017
SET FOR ARGUMENT ON Monday, December 4, 2017. 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
Aug 30 2017
Brief amicus curiae of Researcher John T. Holden filed. 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.
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.
Jul 21 2017
Brief amicus curiae of Professor Ryan M. Rodenberg in support of neither party filed. VIDED.
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 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.
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.
Jun 26 2017
DISTRIBUTED for Conference of June 26, 2017.
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.
May 23 2017
Brief amicus curiae of United States filed. VIDED.
Jan 17 2017
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 28 2016
DISTRIBUTED for Conference of January 13, 2017.
Dec 27 2016
Reply of petitioners Christopher J. Christie, Governor of New Jersey, et al. filed.
Dec 14 2016
Brief of respondents National Collegiate Athletic Association, et al. in opposition 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.
Nov 04 2016
Brief amicus curiae of Professor Ryan M. Rodenberg filed. VIDED.
Oct 21 2016
Order extending time to file response to petition to and including December 14, 2016.
Oct 07 2016
Petition for a writ of certiorari filed. (Response due November 14, 2016)