Gaming lawyer expects New Jersey sports betting ruling by Labor Day

Jul 17, 2013 |
Sports bettors in the Garden State may only have to hold their breath until Labor Day when it comes to a ruling from the Third Circuit Court of Appeals on New Jersey’s push to legalize sports gambling in the state.

According to Alan B. Koslow, a shareholder and chair of the Becker & Poliakoff firm’s gaming law practice, “Given the fact that this was an ‘expedited’ appeal, I would expect the Court to render an opinion on a fairly expedited basis as well, with a decision likely issued sometime before Labor Day. Regardless of how the panel rules, the losing side will likely file a petition seeking a ‘rehearing’ from the entire Third Circuit (a mechanism allowed under the federal rules of appellate procedure).

“From there, the next step would be for the losing side to file a petition for writ of certiorari with the United States Supreme Court, seeking further appellate review from our nation’s highest court. The prospect of Supreme Court review will be heightened significantly if New Jersey prevails before the Third Circuit and PASPA is found to be unconstitutional.”

John Brennan of covered the finer details of Koslow’s blog post, pointing out New Jersey’s arguments of “anti-commandeering” and “equal sovereignty” when it comes to the Professional and Amateur Sports Protection Act of 1992, which allows sports betting in just four states and only single-game wagering in Nevada.

Brennan also points out that the implications from the leagues’ and Department of Justice’s case against New Jersey could mean erasing those four exempt states, bringing an end to sports betting in Nevada.

“This would seem like a real long shot (no pun intended), given the fact that neither the State of Nevada nor any of the sports gaming interests in that State were parties to this action,” writes Koslow.

For now, sports bettors following the case should circle Monday, September 2 on their calendar as a tentative deadline for a ruling.

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