The U.S. Supreme Court on Tuesday added six new cases to the fall term’s argument docket, including New Jersey’s challenge to a federal ban on sports betting at casinos and racetracks, a terror victim’s attempt to attach Iranian assets, and shareholder efforts to bring certain securities claims in state courts.
The justices now have a total of 28 cases (counting consolidated cases as one) scheduled for the new term, which begins on Oct. 2. They likely will add more cases after a conference in September when they cull through the thousands of petitions filed throughout the summer.
In the New Jersey sports betting challenge, two former U.S. solicitors general face off: Theodore Olson of Gibson, Dunn & Crutcher represents Gov. Chris Christie in Christie v. NCAA, and Kirkland & Ellis partner Paul Clement is counsel to the National Collegiate Athletic Association. That case is consolidated with New Jersey Thoroughbred Horsemen’s Association v. NCAA. The association’s counsel is Ronald Riccio of McElroy, Deutsch, Mulvaney & Carpenter in Morristown, New Jersey.
New Jersey challenges the constitutionality of the federal Professional and Amateur Sports Protection Act, which prohibits states from, among other things, “licensing, or authorizing by law or compact,” gambling on sporting events. The law also prohibits anyone from sponsoring, operating, advertising or promoting sports gambling schemes pursuant to state law.
The justices in Rubin v. Islamic Republic of Iran will examine a circuit split over whether, under a 2008 amendment to the Foreign Sovereign Immunities Act, U.S. terror victims have a freestanding, independent right to enforce judgments against state sponsors of terrorism regardless of whether the assets they want to seize would otherwise be shielded under the act. Jeffrey Lamken of Washington’s Molo Lamken represents Iran.
In the securities case, Cyan v. Beaver County Employees Retirement Fund, Cyan Inc. challenges a California state court decision that permitted a securities class action over alleged misrepresentations in a 2013 initial public offering to proceed in state court. Cyan’s high court counsel is Boris Feldman of Wilson Sonsini Goodrich & Rosati’s Palo Alto, California, office. The employees fund is represented by Andrew Love of Robbins Geller Rudman & Dowd in San Francisco.
The two other grants were PEM Entities v. Levin, a bankruptcy challenge, and Marinello v. United States, a criminal case involving obstruction of federal tax laws.
The justices on Tuesday also announced new circuit assignments in order to bring Justice Neil Gorsuch into the mix.
Justice Samuel Alito Jr., formerly the circuit justice for the U.S. Court of Appeals for the Eighth Circuit, takes over the Fifth Circuit from Justice Clarence Thomas, who will handle emergency applications and other matters from the Eleventh Circuit. Gorsuch will now assume Eighth Circuit duties. Alito also is the circuit justice for the Third Circuit.
The other circuit assignments are: D.C., Fourth and Federal (Chief Justice John Roberts Jr.); First (Justice Stephen Breyer); Second (Justice Ruth Bader Ginsburg); Sixth and Seventh (Justice Elena Kagan); Ninth (Justice Anthony Kennedy) and Tenth (Justice Sonia Sotomayor).