New Jersey files sports betting appeal; ESPN ditches betting subterfuge

As expected, New Jersey is seeking to overturn the latest court ruling blocking its plans to offer legal sports betting at Atlantic City casinos and state racetracks.

On Tuesday, the New Jersey Thoroughbred Horsemen’s Association (NJTHA) filed papers protesting the state’s latest judicial setback. Last month, a three-judge panel of the Third Circuit Court of Appeals upheld a lower court’s ruling preventing the state from implementing its plan, and now the NJTHA wants a rehearing by the full Third Circuit bench.

The gist of the NJTHA’s appeal – and similar filings by Gov. Chris Christie and the state legislature – is that the recent 2-1 decision ran contrary to the same court’s 2-1 ruling in 2013, and thus it’s up to the entire Court to resolve the discrepancy.

Specifically, the initial ruling (Christie I) declared that the 1992 federal PASPA sports betting prohibition was constitutional because it prevented states from passing laws allowing sports betting, but permitted states to repeal their own sports betting bans. The state thought it had done the latter, but the most recent ruling (Christie II) declared that the state’s repeal of sports betting everywhere except casinos and tracks was a de facto authorization of sports betting.