Thursday, June 26, 2003

Rights and Reason: Punting on Nike

In today's other big Supreme Court decision, the justices decided to not decide Nike v. Kasky, a case CAC filed two amicus briefs in supporting reversal of the California Supreme Court's decision to remove a corporation's statements defending itself from the realm of First Amendment protection. In a 6-3 vote accompanied by a one-sentence unsigned order, the Court dismissed the case for lack of jurisdiction. While unusual, such dismissals after oral argument do occur, and to be honest I wasn't completely shocked by this. There were some valid jurisdictional problems in this case, and while CAC felt they did not prevent the Court from addressing the merits of the case, today's decision in no way vindicates the anti-First Amendment position taken by the lower court and Nike's opponent in this case, Marc Kasky.

Nick Provenzo will have more to say on this later, and for now I would just add that Justice Breyer should be complimented for a fine opinion dissenting from the dismissal order.

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