| No. 16-477 Vide 16-476 | |
| Title: | New Jersey Thoroughbred Horsemen's Association, Inc., Petitioner v. National Collegiate Athletic Association, et al. |
| Docketed: | October 12, 2016 |
| Lower Ct: | United States Court of Appeals for the Third Circuit |
| Case Numbers: | (14-4546, 14-4568, 14-4569) |
| Decision Date: | August 9, 2016 |
| Questions Presented | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Ronald J. Riccio Counsel of Record | McElroy, Deutsch, Mulvaney & Carpenter, LLP 1300 Mount Kemble Avenue Morristown, NJ 07962 rriccio@mdmc-law.com | 973-993-8100 |
| Party name: New Jersey Thoroughbred Horsemen's Association, Inc. | ||
| Attorneys for Respondents | ||
| Paul D. Clement Counsel of Record | Kirkland & Ellis, LLP 655 Fifteenth Street, NW Washington, DC 20005 paul.clement@kirkland.com | 202-879-5000 |
| Party name: National Collegiate Athletic Association, et al. | ||
| Other | ||
| Jonathan F. Cohn Counsel of Record | Sidley Austin, LLP 1501 K Street, NW Washington, DC 20005 jfcohn@sidley.com | 202-736-8000 |
| Party name: The American Gaming Association | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Deepak Gupta Counsel of Record | Gupta Wessler LLP 1900 L Street, NW Washington, DC 20036 deepak@guptawessler.com | (202) 888-1741 |
| Party name: Stop Predatory Gambling, et al | ||
| Anita M. Moorman Counsel of Record | Sport Administration Program, Univ. of Louisville SAC East, Suite 104R Louisville, KY 40292 amm@louisville.edu | 502-852-0553 |
| Party name: Researcher John T. Holden | ||
| Christopher Eduard Pey Counsel of Record | FisherBroyles, LLP 445 Park Avenue, 9th Fl. New York, NY 10022 Chris.Pey@fisherbroyles.com | 646-233-2533 |
| Party name: New Sports Economy Institute | ||
| Timothy R. Robinson Counsel of Record | House Committee on Energy and Commerce, 2322 Rayburn House Office Bldg. Washington, DC 20515 timothy.robinson@mail.house.gov | 202-225-3641 |
| Party name: Congressman, Frank J. Pallone, Jr. | ||
| Andrew L. Schlafly Counsel of Record | 939 Old Chester Road Far Hills, NJ 07931 aschlafly@aol.com | 908 719 8608 |
| Party name: Eagle Forum Education & Legal Defense Fund | ||
| Jonathan Henry Sherman Counsel of Record | Boies Schiller Flexner, LLP 1401 New York Avenue, NW Washington, DC 20005 jsherman@bsfllp.com | 202-237-9605 |
| Party name: European Sports Security Association, et al. | ||
| Jonathan Calvin Wood Counsel of Record | Pacific Legal Foundation 3033 Wilson Blvd., Suite 700 Arlington, VA 22201 jwood@pacificlegal.org | 202-888-6881 |
| Party name: Pacific Legal Foundation, et al. | ||
| Jonathan F. Cohn | Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 jfcohn@sidley.com | (202) 736-8000 |
| Party name: The American Gaming Association | ||
| Ryan Mark Rodenberg | Florida State University 139 Chieftain Way Tallahassee, FL 32306 rrodenberg@admin.fsu.edu | (850) 645-9535 |
| Party name: Professor Ryan M. Rodenberg in support of neither party | ||