Bench Memos

Law & the Courts

Man Bites Dog! Supreme Court Affirms Ninth Circuit!

Today’s decision in NCAA v. Alston is (unless I’m missing something) the first time this Term that the Supreme Court has affirmed a Ninth Circuit ruling.

Up until today, the Court had reversed the Ninth Circuit in all seven of its argued decisions. (I’m single-counting consolidated cases.) Perhaps more remarkably, it had done so unanimously five times—including twice in opinions by Justice Breyer and twice in opinions by Justice Sotomayor—and by very lopsided margins (8-1 and 7-2) the other two times. The Court had also summarily reversed the Ninth Circuit in two other cases.

By my quick count, there are five cases from the Ninth Circuit that remain to be decided.

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