Justice Clarence Thomas delivered the majority opinion, which was joined by Chief Justice John Roberts and Justices Alito, Sotomayor, and Kagan. The court defined its task as "whether the lines, chevrons, and colorful shapes appearing on the surface of [Varsity Brands'] cheerleading uniforms are eligible for copyright restriction as separable features of the design of those cheerleading uniforms",Star Athletica, slip op. at 4. and did not consider whether the designs in the case met copyright's threshold of originality. Thomas rejected arguments from Varsity and the United States that separability analysis was unneeded,Star Athletica, slip op. at 4-6. and did away with all previous lower-court tests. The opinion provided a two-part test, based on the 1976 statute and the Mazer v. Stein decision:Star Athletica, slip op. at 8-11.
