Why do sports betting proponents care about who the solicitor general is?
The New Jersey sports betting case has been going through the federal legal system as the state has tried to legalize sports wagering. So far, it has been prevented from doing so under PASPA. That’s the federal law that bans single-game sports betting outside of Nevada.
The latest in that case? The state is appealing its most recent defeat in federal court to the US Supreme Court. In January, SCOTUS asked for the solicitor general to file a brief stating the office’s opinion if the NJ case should be heard.
Back in January, Trump was taking over for outgoing president Barack Obama, and who would be in the SG role was not known. The man who appeared to be the front-runner earlier this year, Charles Cooper, appeared to have withdrawn his name.
If Congress confirms Francisco, he will be in charge of the brief on the sports betting case. If the solicitor general files a brief saying the Court should hear the case, New Jersey’s chances likely improve dramatically.
The news that Francisco would be the nominee came down this week. Francisco had already been working for the administration; from CNN:
Francisco, who most recently hails from the law firm Jones Day, has been working on the re-launch of the President’s travel ban executive order. At Jones Day he worked with Donald McGahn, the current White House counsel, and is one of several Jones Day alumni currently serving in the Trump administration.
What do we know about him?
Analysts are still parsing what kind of a solicitor general Francisco will be, and it’s not clear what he might do with the sports betting case.
GamblingCompliance (paywall) took a deeper dive into what the Francisco appointment could mean for sports betting. Analysts’ opinions were all over the map in that story. Some believed the appeal’s chances increased. Others believe that Francisco would say the Third Circuit Court of Appeals decision against NJ should stand.
But one of the points above — Francisco’s link to Scalia — could prove interesting.
Ryan Rodenberg, an associate professor at Florida State University, is an expert on sports betting law. He also wrote an amicus brief on the side of New Jersey in the case. Rodenberg noted to GC and Legal Sports Report that a Scalia opinion has been used by New Jersey lawyer Ted Olson. Rodenberg believes that link increases the chances of SCOTUS granting the appeal.