Well after weeks of waiting for an answer, the Solicitor General tells the Supreme Court to deny New Jersey’s request to hear their sports betting case. New Jersey has been fighting to lift the sports betting prohibition in their state against all of the major professional sports leagues and the NCAA. These leagues have been arguing that the federal sports betting law of PASPA and apparently the Solicitor General agrees.
After SCOTUS requested that the SG give its thoughts on the case back in January, there was new hope thrust back into the case because many thought it would immediately be turned down. That being said this recommendation by the Solicitor General, though it doesn’t end their chances, it does make it tough to believe that the Supreme Court will rule in their favor down the road.
Solicitor General On Sports Betting Case In New Jersey
Jeffrey Wall, the acting Solicitor General at the moment (Donald’s Trump’s choice for SG is awaiting confirmation from Congress), released a 30-page documentation of his thoughts on the case. The main topic discussed in these documents covers his thoughts on whether or not he believes that New Jersey’s request violates PASPA. He explains that lower courts have ruled that PASPA doesn’t conflict with states’ rights:
“Section 3702(1) does not violate the Tenth Amendment because it neither compels States to regulate according to federal standards nor requires state officials to administer federal law. Instead, Section 3702(1) prohibits States from operating sports-gambling schemes themselves or affirmatively licensing or authorizing private parties to do so.”
Wall also explained that the fact that there are rarely disagreements on the matter in federal courts, as well as a lack of outspoken states in regards to PASPA, was the definitive factor in him requesting that SCOTUS not hear the case.
What’s Next For New Jersey?
After this announcement, expect the Supreme Court to make its ruling in the coming weeks. It is now almost certain that it will be denied and New Jersey will have to find a new way to fight for their cause. If the Solicitor General had ruled in favor of New Jersey, that would have been huge because most of the time of the SG recommends the case should be heard, then SCOTUS grants the appeal.
Nothing is a sure thing though. Sports Attorney Daniel Wallach tweeted about the success that New Jersey has had in the past in long shot situations tweeting “NJ sports betting may be on life support (for now), but it has already achieved 2 Hail Mary's: en banc rehearing + CVSG. Can it pull a 3rd?”
Even if (and most likely when) New Jersey gets turned down, they have done a lot to put the word out there that PASPA needs to be revised or repealed. If they can get another state to implement laws as they have regarding sports betting, then the Supreme Court may take a closer look at tackling PASPA and it relaionship to legal New Jersey gambling.