HomePublicationsNewsletter ArchiveNewslettersVolume 20Issue 6New Jersey Petitions Supreme Court for Review of Sports Wagering Case

On Friday, February 14, 2014, New Jersey Governor Chris Christie and other interested parties petitioned the Supreme Court of the United States for a writ of certiorari.  If granted, the Supreme Court would review the decision of the United States Appeals Court for the Third Circuit regarding whether a federal prohibition on sports wagering in most states is valid.

The petition is in regards to the Third Circuit’s November 15, 2013 denial of a petition for rehearing filed by Governor Christie, et al., regarding the State of New Jersey’s plan to implement sports wagering at the Atlantic City Casinos and the state's horse race tracks. The petitioners sought rehearing of the September 17, 2013 decision of a three-judge panel of the Third Circuit, which affirmed an earlier decision of the U.S. District Court for the District of New Jersey issuing a permanent injunction prohibiting New Jersey from implementing its proposed sports wagering scheme.  The Third Circuit’s prior decision to uphold the ban on the expansion of sports wagering to New Jersey effectively found that the Professional and Amateur Sports Protection Act (“PASPA”)—the federal law currently prohibiting the expansion of sports wagering outside of the licensed Nevada sports books and certain limited lottery games and sports pools previously authorized in Oregon, Delaware, and Montana—was constitutional.

Should the Supreme Court decline to grant the writ of certiorari, the lower courts decision would stand, and the law would continue to be enforced as it is currently interpreted.  A response to Governor Christie’s petition is due back from the Supreme Court by March 17, 2014.


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