The state passed a law in 2014 allowing sports betting within the state’s borders, but legal challenges have kept it from taking effect. That case could be considered by the US Supreme Court in 2017.
The state lost its latest appeal in the summer of 2016. Here’s a closer look at the case and the background of sports betting in New Jersey.
The New Jersey sports betting case rehearing in the U.S. Third Circuit Court of Appeals took place on February 17 at 11 a.m. local time.
The rehearing was the second time the court heard the case, this time with an “en banc” panel of active judges hearing the case, a rare move for courts of this level. New Jersey lost for the second time in this court, with nine judges siding against the state, and three dissenters.
In August of 2015, a panel of three judges considered the case, and New Jersey lost 2-1. The court vacated that ruling to make way for the rehearing.
The plaintiffs in the case are the major North American sports leagues — the NFL, NBA, NHL and Major League Baseball — along with the NCAA and the U.S. Department of Justice.
New Jersey has appealed the case to the Supreme Court. The Supreme Court will decide whether to hear the appeal in January of 2017.
Here is some of the background on the appeal:
Reporters and lawyers who attended the hearing believed it did not go very well for New Jersey at the time. The tenor of the judges hearing the case led to the belief that many would side with the leagues.
Audio of the rehearing is here.
Here is some of the coverage leading up to and after the rehearing:
Some analysis and insight from inside the courtroom via Twitter:
In 2014, New Jersey had passed a law in which it partially repealed its own sports betting ban, allowing wagering to take place in the state. The leagues then banded together to challenge the law in court and prevent it from going into effect.
At issue at was how New Jersey’s sports betting law intersected with the Professional and Amateur Sports Protection Act of 1992, which more or less banned sports betting except in limited instances, most notably Nevada.
The courts, so far, have ruled that the New Jersey law allowing sports betting is a violation of PASPA.
After the August defeat, New Jersey requested an “en banc” rehearing, in which all the active justices would be called upon to consider the case.
That request was not initially dismissed, as the court asked for the plaintiffs in the case — the major professional sports leagues in the U.S. along with the Department of Justice and the NCAA — to respond to New Jersey’s petition. In their response, the NFL and the other leagues noted it believed there was no conflict to address in the wake of a dissenting opinion on the original appeal.
New Jersey, however, got its wish to get the rehearing.
In 2012, New Jersey has passed a law regulating sports betting in the state and the sports leagues filed suit. New Jersey lost this case under PASPA, as well, although a Third Circuit opinion said that the state could decriminalize sports betting, but not regulate it.
Here are some of the filings and other important documents from the case:
|Third Circuit rehearing majority and dissenting opinions.||Opinions|
|Third Circuit rehearing order, Oct. 2015||Order|
|Third Circuit opinions (Christie II), Aug. 2015||Opinion|
|New Jersey sports betting law||NJ code|
|Third Circuit ruling (Christie I), 2013||Ruling|
|Professional and Amateur Sports Protection Act||PASPA|
Here are some questions and answers about the NJ sports betting case:
The decision has been appealed to the U.S. Supreme Court, but the chances of that body taking up the sports betting issue appear to be slim.
New Jersey is apparently considering passing yet another law, this one that would allow sports betting pretty much everywhere in the state.
If New Jersey ever wins its case, any casino or racetrack in the state could offer sports betting. That includes all of the licensed properties in Atlantic City, as well the three racetracks: Monmouth Park, The Meadlowlands, and Freehold.
Initially, Monmouth Park was the only site set to introduce sports betting when the law was passed initially. However, if New Jersey wins, it’s safe to assume all of the gaming establishments in the state will eventually offer wagering.
But it’s unlikely that us sports betting sites would launch as quickly as land-based sportsbooks, even with a positive outcome down the road.
States across the country might attempt to pass a New Jersey-style law, as the issue could be challenged in different circuits. However, the en banc decision would likely be considered persuasive in other jurisdictions.
A lawmaker in New York has said he plans to introduce such an effort.
After the latest loss for New Jersey, it might mean the only way for states to allow sports betting will be for Congress to repeal the Professional and Amateur Sports Protection Act — the federal law on which the New Jersey case is centered on.
A number of states have also passed laws regarding daily fantasy sports, which could lead to PASPA challenges.
State lawmakers recently introduced a new bill that would allow sports betting everywhere in the state, although its prospects are murky at best.