Hope For New Jersey Sports Betting
The Solicitor General Jeffery Wall is currently reviewing New Jersey’s appeal in regards to their sports gambling case in the state after the Supreme Court surprised a lot of people by not immediately denying their case back in January. The question now is what will Wall decide and how will that change the Supreme Court’s decision.
New Jersey is attempting to repeal their laws that prohibit sports betting and the country’s biggest professional sports leagues are the plaintiff in this lawsuit. They are arguing that New Jersey’s appeal violates the United States federal law known as PASPA or the Professional and Amateur Sports Protection Act of 1992.
PASPA effectively banned sports gambling from happening on U.S. soil though they did allow for Nevada to be exempt from this law due to previously implemented sports gambling laws. The intention of this law was to uphold the integrity that these leagues have but in reality, all it did was create a monopoly in Nevada and caused millions of Americans to gamble on games via illegal sports betting options. PASPA also took power away from states, thus hurting the point of federalism in the United States. Forcing state’s to do things against their will is the exact opposite of what this country is about.
Instead of trying to pass new laws allowing sports betting (which they had tried and failed at doing before) New Jersey has decided to simply repeal their own gambling laws that are specific to sports betting. The goal here obviously is to decriminalize the activity without actually legalizing, thus getting passed PASPA. This is exactly why the leagues decided to sue.
The proceedings took place in October of 2016 in front of the Supreme Court and although most were anticipating the court to quickly deny the appeal, they instead decided to get the advice of Solicitor General Wall. The early rumors are that Wall probably won’t recommend the Court to take the case but rumors are exactly that.
Why The Supreme Court Requesting the Solicitor General’s Views Is A Good Thing
The fact that the Supreme Court even wanted the Solicitor General’s views on the matter point to the court leaning towards giving the case a hearing. Calling for the views of the Solicitor General, also called CVSG, means that at least four justices would need to vote in favor, which is half of the current justices.
In 2009, George Mason University did a study on the habits and results of the Supreme Court requesting a CVSG and they showed that it is 46 times more likely that the court will hear the case after requesting a CVSG. This is a good sign for New Jersey and it could mean that their fight is not nearly over.
It’s going to be a long process but this news is big and should give New Jersey and fans in sports betting states some hope. Even if it is denied after going to the Supreme Court, the seed will already be planting to eliminate PASPA as it is obviously unconstitutional. Patience is a virtue so instill that in your brain as it should be a while before we get any definitive answers.