Supreme Court of the United States

Nike, Inc. v. Kasky — Breyer, J., Dissenting

June 26, 2003539 U.S. 654

Summary

Justice Breyer dissents from the Court's order dismissing the writ of certiorari as improvidently granted. He argues the Court has jurisdiction because Nike has standing and the state judgment is final on the federal issue, and he would address the merits to prevent chilling protected speech. Justice Kennedy dissents from the dismissal as do, and Justice Stevens concurs.