Casino Watch Focus has reported on the ongoing events surrounding legalized state sports gambling as it pertains to New Jersey. For years they have tried and failed to legalize sports betting in their state. The issue has finally made it to the Supreme Court and the sides have been fairly well documented, with New Jersey and gambling operators seeking legalized sports betting and the major sports organizations such as the NCAA, NFL, MLB, NBA and NHL and the Trump Administration’s Department of Justice backing existing Federal law which prohibits sports betting outside of Las Vegas. Oral arguments have now been heard and early statements by a majority of the justices seem to indicate they might side with New Jersey. Forbes reports:
Proponents of legalized sports betting had to be feeling confident after last Monday’s oral argument in/NCAA v. Christie/ — the so-called New Jersey sports betting case, in which leagues including the NFL, the NBA and Major League Baseball are seeking to prevent the state from permitting such gambling. The general consensus among those in attendance was that the Supreme Court appears poised to invalidate the Professional and Amateur Sports Protection Act (PASPA), the 1992 federal law that bans states from authorizing or licensing sports betting.
By my count, at least five justices — John Roberts, Anthony Kennedy, Neil Gorsuch, Samuel Alito and, surprisingly, Stephen Breyer (one of the court’s more liberal members) — indicated that they believed PASPA violates the 10th Amendment’s anti-commandeering principle, which forbids the federal government from commanding the states to implement federal laws or policies that would interfere with state sovereignty.
From the tenor of the oral argument, with only Justices Elena Kagan, Sonia Sotomayor and Ruth Bader Ginsburg appearing to credit the leagues’ argument that PASPA is a straightforward preemption law, one could easily envision a decisive victory for New Jersey. A 6-3 margin sounds about right — at least that’s my prediction.
Additional factors seem to indicate a shocking reversal from where the issue was just months ago, following 6 failed attempts by New Jersey. ROI provides the additional analysis:
“When you look at recent history on U.S. Supreme Court rulings, 83 percent show a reversal of the lower court opinion; and in the past five years, that figure is still over 70 percent,” Wallach said.
“So, all of the metrics show a change is afoot. What that change looks like, we’ll have to wait and see. It might not be whether New Jersey prevails on its partial repeal, but how sweeping of a decision in New Jersey’s favor it turns out to be.”
Court followers suggest the decision would come in spring or later. Just months ago, New Jersey and the gaming industry believed it had exhausted all efforts to win this case. But, to the surprise of many, on June 27 the Supreme Court decided it would take the case. “Look at where this case was just five months ago,” Wallach said. “It wasn’t even being mentioned. Now it’s going to the Supreme Court. New Jersey has lost six battles on this case in the lower courts. But this is the one that counts.
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