Editor’s note: Este artículo está traducido al español.

The U.S. Supreme Court today refused to hear an appeal by the Las Vegas Sun seeking reversal of a lower court decision that is part of the Sun’s long-running antitrust complaint against the Las Vegas Review-Journal.

At issue was whether the U.S. Department of Justice properly followed procedure when allowing a 2005 amendment to the 1989 Joint Operating Agreement between the Sun and Review-Journal.

At the time, both the Review-Journal and the Sun followed established procedures that had governed amendments to such operating agreements for many decades and had been upheld in prior court rulings.

Both parties operated for roughly 15 years under the terms of the amended JOA. However, when the Review-Journal was purchased by the family of casino magnate Sheldon Adelson, the new owners began efforts to unwind the relationship.

The U.S. Court of Appeals for the 9th Circuit agreed with the Review-Journal that the Department of Justice had not followed proper procedure in allowing the amended agreement to go forward. This created a “circuit split” because other federal appellate courts, in multiple rulings, had found exactly the opposite and affirmed the Sun’s position that the amendment was properly handled.

In denying an appeal to resolve the conflict between different courts, the Supreme Court has forced the disputes between the parties in a new direction.

“We’re disappointed with today’s decision,” said Sun attorney Leif Reid. “The effect of this does not change the heart of the underlying antitrust dispute, but it does add a new dimension to the case. Today, the Sun will file a motion for a temporary restraining order to prevent the Review-Journal from ceasing to print and distribute the Sun on the basis of today’s refusal by the Supreme Court to hear our petition. The most material effect of this is that the original 1989 JOA is in full force, and the Review-Journal is required to seek proper DOJ approval for the amended and restated agreement.”

“The Sun has faced many challenges since my father founded it more than 75 years ago,” said Sun owner, publisher and editor Brian Greenspun. “We remain focused on seeing this latest challenge through to the end. Our staff is determined to serve the community as we have always done. The central issue of the Review-Journal engaging in a multiyear campaign to silence the Sun remains very much alive, and we will move on to the next stage of this long struggle.”