Breaking down the DOJ filing in the New Jersey sports betting case

The U.S. Department of Justice filed a brief in the U.S. District Court on Friday for the District of New Jersey defending the constitutionality of the Professional and Amateur Sports Protection Act (PASPA).

The DOJ announced it was going to intervene in the lawsuit on Jan. 22 presented by the four major pro sports leagues and the NCAA, which challenges New Jersey's law to allow sports betting in the state.

According to this blog by Ifrah Law in Washington, D.C., a firm which specializes in gaming issues, "the DOJ brief raises three main constitutional issues: the anti-commandeering principles of the Tenth Amendment, Congress’s power to regulate sports wagering under the Commerce Clause and the applicability of the uniformity and equal sovereignty principles under the Commerce Clause, and due process and equal protection clause issues under the Fifth Amendment."

The blog goes on to say:

"The DOJ brief states that the arguments that PASPA violates the due process and equal protection guarantees of the Fifth Amendment are inapplicable because they protect only “persons” and not states from actions of the federal government. New Jersey argues that the discrimination between the states that PASPA has produced, by essentially granting Nevada a monopoly on single games sports betting, rises to the level of “injurious character” as to violate due process. This is likely the weakest argument that the state is making, and the court will likely rule in favor of DOJ on this point."

The arguments the DOJ makes have already been presented by the leagues but now we'll see if the court will give more consideration to them with the DOJ making the case.

"It remains to be seen how the court will rule," says the Ifrah Law blog, "but the constitutionality of PASPA will surely be tested and the consequences of this ruling will be very far-reaching. Whichever side loses the battle in the district court will likely appeal, meaning it may be some time before it is settled whether New Jersey can proceed with its plan to implement sports betting."

If you have any feedback or suggestions for our Editorial Team, please contact us at Editorial

            share   SHARE   rss   RSS FEED   email   EMAIL   print   PRINT
Hide All Responses
avatar

Posted by tomnolan
1 year ago

i am new to this fantasy basketball thing on fan duel. i just started 2 weeks ago. my friends all fantasy is gambling. putting up money and betting on your lineup to win. its gambling. lets all stop the bullshit. every state should have single game wagering!!!!!
avatar

Posted by oldtexx
1 year ago

I did see three agents on the strip, last week, looking for an illegal stats sheet. I felt so protected.
avatar

Posted by vacation
1 year ago

To those challenging NJ in court. Be careful what you wish for. Should a ruling permitting the federal government to prevail and this making the Professional and Amateur Sports Protection Act the law of the land, a potential garbage storm could result. The reason is if the court is not very specific in its ruling, it could apply to all 50 states and DC. That is where the fur will fly. NJ's position is that it is unjust for certain states to be exempt. It appears that the court must rule on this matter. Should NJ prevail, all states must then be permitted to allow single game wagering. If not, none can. And that could be where the trouble begins.
avatar

Posted by rp-rt
1 year ago

That fifth amendment point that equal protection applies to "persons" and not states is interesting. Wouldn't gaming sites be considered "persons" according to a recent supreme court ruling.
avatar

Posted by budwiser
1 year ago

DOJ must have a lot of time on their hands. They spend time on harmless wagering because they must have caught all the criminals.
         1      
You are currently not logged in.
Login | Signup | Help
You must be logged in to post a comment.

Top Response

Posted by budwiser
1 year ago

"DOJ must have a lot of time on their hands. They spend time on harmless wagering because they must have caught all the criminals."