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National Collegiate Athletic Association v. Shawne Alston, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15566, 19-15662 · judgment May 18, 2020

Decided · June 21, 2021
Pre-decision estimate: 11% cert probability (95% interval 8%–14%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Consolidated with 20-520. Whether the Ninth Circuit erroneously held, in conflict with decisions of other circuits and general antitrust principles, that the National Collegiate Athletic Association eligibility rules regarding compensation of student-athletes violate federal antitrust law.

Counsel of record

For petitioner
Andrew John Pincus
Mayer Brown LLP

For respondent
Linda T. Coberly
Winston & Strawn, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage · 22 merits
(8 supporting pet./neither, 14 respondent)

Related
Vide, 20-520

Argument & decision

Argued March 31, 2021 — Seth P. Waxman · Jeffrey L. Kessler. Audio and transcript

Decided June 21, 2021. Opinion by Gorsuch.

Proceedings

  1. Jul 23 2021
    JUDGMENT ISSUED.
  2. Jun 21 2021
    Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion. VIDED.
  3. 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.
  4. 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.
  5. Mar 19 2021
    Reply of petitioner National Collegiate Athletic Association filed (in 20-512). (Distributed)
  6. Mar 19 2021
    Reply of petitioners American Athletic Conference, et al. filed (in 20-520). (Distributed)
  7. Mar 10 2021
    Brief amicus curiae of the United States filed. VIDED. (Distributed)
  8. 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.
  9. Mar 10 2021
    Brief amicus curiae of Advocates for Minor Leaguers filed. VIDED. (Distributed)
  10. Mar 10 2021
    Brief amici curiae of Historians filed. VIDED. (Distributed)
  11. Mar 10 2021
    Brief amici curiae of Sports Economists filed. VIDED. (Distributed)
  12. Mar 10 2021
    Brief amici curiae of Former NCAA Executives filed. VIDED. (Distributed)
  13. Mar 10 2021
    Brief amici curiae of African American Antitrust Lawyers filed. VIDED. (Distributed)
  14. Mar 10 2021
    Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)
  15. Mar 10 2021
    Brief amici curiae of Dr. Ellen J. Staurowsky, Dr. Eddie Comeaux, et al. filed. VIDED. (Distributed)
  16. Mar 10 2021
    Brief amici curiae of Arizona, et al. filed. VIDED. (Distributed)
  17. Mar 10 2021
    Brief amici curiae of O'Bannon Plaintiff Class Representatives filed. VIDED. (Distributed)
  18. Mar 10 2021
    Brief amici curiae of Players Associations of the National Football League, et al. filed. VIDED. (Distributed)
  19. Mar 10 2021
    Brief amici curiae of Open Markets Institute, et al. filed. VIDED. (Distributed)
  20. Mar 10 2021
    Brief amicus curiae of The Committee to Support the Antitrust Laws filed. VIDED. (Distributed)
  21. Mar 09 2021
    Brief amici curiae of 65 Professors of Law, Business, Economics, and Sports Management filed. VIDED. (Distributed)
  22. Mar 03 2021
    Brief of respondents Shawne Alston, et al. filed. VIDED (Distributed)
  23. Feb 24 2021
    Application (20A145) denied by Justice Kagan. VIDED.
  24. Feb 22 2021
    CIRCULATED.
  25. 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.
  26. Feb 08 2021
    Brief amici curiae of American Council on Education and Ten Other Higher Education Associations filed. VIDED.
  27. Feb 08 2021
    Brief amicus curiae of Thomas B. Nachbar filed. VIDED
  28. Feb 08 2021
    Brief amici curiae of Antitrust Law And Business School Professors filed. VIDED.
  29. Feb 08 2021
    Brief amici curiae of Antitrust Economists filed. VIDED.
  30. Feb 08 2021
    Brief amici curiae of Georgia, et al. filed. VIDED.
  31. Feb 08 2021
    Brief amici curiae of Former Student-Athletes filed. VIDED.
  32. Feb 05 2021
    Blanket Consent filed by Petitioner, The Big Ten Conference, Inc.
  33. Feb 05 2021
    Brief amicus curiae of National Federation Of State High School Associations filed (in 20-512).
  34. Feb 04 2021
    Record requested from the U.S.C.A. 9th Circuit.
  35. Feb 04 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.
  36. Feb 01 2021
    SET FOR ARGUMENT on Wednesday, March 31, 2021. VIDED.
  37. Feb 01 2021
    Brief of petitioner National Collegiate Athletic Association filed (in 20-512).
  38. Feb 01 2021
    Brief of petitioners American Athletic Conference, et al. filed (in 20-520).
  39. Jan 27 2021
    Brief amicus curiae of Sam C. Ehrlich in support of neither party filed. VIDED.
  40. Jan 11 2021
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
  41. Jan 08 2021
    Blanket Consent filed by Respondent, Shawne Alston, et al.
  42. Jan 04 2021
    Blanket Consent filed by Petitioner, National Collegiate Athletic Association
  43. Dec 21 2020
    Motion to dispense with printing the joint appendix filed by petitioners National Collegiate Athletic Association. VIDED.
  44. 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.
  45. 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.”
  46. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  47. Nov 24 2020
    Reply of petitioner National Collegiate Athletic Association filed. (Distributed)
  48. Nov 18 2020
    Brief amici curiae of Antitrust Law And Business School Professors filed.
  49. Nov 18 2020
    Brief amici curiae of Antitrust Economists filed. VIDED. (Distributed)
  50. Nov 13 2020
    Brief amicus curiae of Sam C. Ehrlich filed. VIDED.
  51. Nov 09 2020
    Brief of respondents Shawne Alston, et al. in opposition filed. VIDED.
  52. Oct 15 2020
    Petition for a writ of certiorari filed. (Response due November 18, 2020)