Court rejects (again) New Jersey’s quest for legal sports betting

New Jersey’s quest for legal sports betting has gone down to defeat (again), leaving a longshot Supreme Court appeal as the state’s sole remaining legal option.

On Tuesday, nearly six months after the state squared off in the US Third Circuit Court of Appeals against the federal government, four major pro sports leagues and the NCAA, the Court issued a 10-2 ruling against New Jersey’s 2014 plan to offer legal sports betting at Atlantic City casinos and state racetracks.

The full Court was reconsidering an August 2015 ruling by a three-judge panel that said the state’s latest sports betting law – which didn’t expressly regulate betting but selectively repealed its prohibition at the aforementioned casinos and racetracks – amounted to a de facto authorization of betting, which is forbidden under the 1992 federal PASPA sports betting prohibition.

Judge Marjorie Rendell, who wrote Tuesday’s majority opinion (viewable in full here), left New Jersey with little option for going forward on a legislative basis, saying that the Court “continue to find PASPA constitutional” and that states “may not use clever drafting or mandatory construction provisions to escape the supremacy of federal law.”