National Collegiate Athletic Assn. v. Smith, 525 U.S. 459, 3 (1999)

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Cite as: 525 U. S. 459 (1999)

Syllabus

airport operators at issue in Paralyzed Veterans—the NCAA is created by, and composed of, schools that receive federal funds, and the NCAA governs its members with respect to athletic rules. These distinctions do not bear on the narrow question here decided: An entity that receives dues from recipients of federal funds does not thereby become a recipient itself. Pp. 465-469.

(b) The Court does not address the alternative grounds urged by respondent and the United States for bringing the NCAA under Title IX: (1) that the NCAA directly and indirectly receives federal financial assistance through the National Youth Sports Program; and (2) that, when a recipient cedes controlling authority over a federally funded program to another entity, the controlling entity is covered by Title IX regardless whether it is itself a recipient. Those issues were not decided below; their resolution in the first instance is left to the lower courts on remand. See, e. g., Roberts v. Galen of Va., Inc., ante, at 253-254. Pp. 469-470.

139 F. 3d 180, vacated and remanded.

Ginsburg, J., delivered the opinion for a unanimous Court.

John G. Roberts, Jr., argued the cause for petitioner. With him on the briefs were Martin Michaelson, Gregory G. Garre, John J. Kitchin, Robert W. McKinley, and Elsa Kircher Cole.

Carter G. Phillips argued the cause for respondent. With him on the brief was Virginia A. Seitz.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Under-wood, Irving L. Gornstein, and Dennis J. Dimsey.*

*Richard O. Duvall, Robin L. Rosenberg, David A. Vaughan, and Sheldon Elliot Steinbach filed a brief for the American Council on Education et al. as amici curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for Michael Bowers et al. by Barbara E. Ransom; for Trial Lawyers for Public Justice, P. C., et al. by Adele P. Kimmel, Arthur H. Bryant, and J. Richard Cohen; and for the National Women's Law Center et al. by Marcia D. Greenberger, Leslie T. Annexstein, Lois G. Williams, and Dina R. Lassow.

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