The dispute over a New Jersey sports betting law that has gone on for more than half of a decade will soon come to an end, and one of the state’s representatives hopes that end will come in the United States Supreme Court.
The deadline for the Supreme Court to take up a potential review of lower court decisions rendering a New Jersey sports betting law null is approaching. Because of that, New Jersey Representative Frank Pallone (D-6th District) has sent a letter to the U.S. Solicitor General Jeff Wall’s office, urging Wall to recommend the Supreme Court review the case.
According to David Purdum of ESPN, the letter that Pallone sent to Wall on Tuesday states that the issue at hand in the case affects every state and the prerogative of its citizens. It also calls the process by which a state determines whether particular forms of gambling violate PAPSA (the federal legislation outlawing sports gambling in most states) hazy. A Supreme Court decision is necessary to clear up the confusion according to Pallone.
This legal battle has been ongoing since New Jersey passed a law in 2012 that would have made betting on sporting events legal at the state’s casinos and race tracks. After its passage, sport entertainment entities like the NFL and NCAA sued N.J. Governor Chris Christie, arguing that the law violated PASPA. The plaintiffs won and the several appeals of that decision have all been symbolized by futility. This potential decision by Wall to recommend a Supreme Court review seems to be the law’s last hope.
If Wall is going to recommend a review, the sooner the better for New Jersey. The Supreme Court’s current term ends June 26, and the possibility of a review in future terms becomes increasingly less likely.
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While a recommendation by Wall is no guarantee that the Supreme Court would review the case, it greatly enhances the chances. If the Supreme Court were to review the case and find that the lower courts were errant in their rulings, it would effectively reinstate the New Jersey law. That would open the door to sports betting being legalized on a state-by-state basis, similar to what’s happening with daily fantasy sports.
It’s uncertain whether or not the Supreme Court would issue such a decision, but before that becomes a concern, the Supreme Court has to decide to review the case. A recommendation by the Solicitor General would make that much more likely, and one of New Jersey’s own has done what he can to make that happen.