Nike, Inc. v. Kasky — Stevens, J., Concurring

Summary

Justice Stevens, joined by Justices Ginsburg and Souter (in part), concurred in the Court’s dismissal of the writ of certiorari, finding that the California Supreme Court’s decision was not a final judgment, that neither party had Article III standing, and that the case presented premature and novel First Amendment questions. The concurrence explains the jurisdictional and prudential reasons for the dismissal. The opinion is accompanied by two dissenting opinions that argue the Court should have addressed the merits.