National Collegiate Athletic Association v. Robert F. Miller, Governor, State of Nevada
United States Court of Appeals for the Ninth Circuit
10 F.3d 633 (1993)
A 1991 Nevada statute, signed into law by Governor Robert F. Miller (defendant), required any national collegiate athletic association to provide Nevada institutions, employees, student-athletes, or boosters accused of rules infractions with specific procedural protections -- including rights to confront witnesses and have sworn, notarized written statements and an official record -- exceeding what the NCAA's (plaintiff) own enforcement program provided. The district court held the statute violated the Commerce and Contract Clauses and enjoined it using a balancing test rather than finding a per se violation, and Miller appealed.
Whether a state statute which directly regulates or discriminates against interstate commerce constitutes a per se violation of the Commerce Clause of the U.S. Constitution.