New Jersey’s arguments for legalising sports betting will be heard by the US Supreme Court (SCOTUS) in early December.
New Jersey has said this law is unconstitutional, adding that it is against the U.S. Constitution for the federal government to usurp state rights and provide Nevada – the only state where full sports betting is now legal and operational – with the ability to run a sports betting scheme, while denying other states the same opportunity.
Former Deputy Director of the New Jersey Division of Gaming Enforcement, George Rover commented: “The scheduling of oral argument for December 4th to hear the legal challenge to PASPA is good news for the State of New Jersey and its other supporters”. DE allows parlay betting while Nevada is the only state to have full sports betting capabilities.
As part of this process, Supreme Court justices will review an August 2016 ruling by the Philadelphia-based 3rd US Circuit Court of Appeals that an earlier 2014 New Jersey statute permitting sports betting at casinos and racetracks effectively violated PASPA.
Attorneys for Governor Chris Christie will argue that federal law which bans states from repealing their own legislation is unconstitutional, in addition to questioning the constitutionality of a law that allows certain activity in one state but bans it elsewhere. The case will be a test as to if the Constitution allows Congress to ban something in some states that is legal to do in other states.
If the Supreme Court strikes down PASPA, the legality of betting on sports would then become a patchwork across the United States similar to current daily fantasy sports legality. However, the state was sued soon after the vote as sports leagues did not want to see sports betting take place in the state. “We look forward to the court’s decision”. If the process couldn’t be completed by late March, the advent of the 2017-18 National Basketball Association and NHL postseasons could mark the beginning of nationwide legalized sports betting. This law continues to fail and is driving a $150 billion illegal sports betting market.