New Jersey’s push for legal sports betting remains alive after the US Supreme Court sought more guidance on whether to consider the state’s case.

On Tuesday, the Supreme Court invited the nation’s Acting Solicitor General to submit a brief on New Jersey’s latest sports betting legislation, which would authorize the activity at Atlantic City casinos and state racetracks, in order that the Court can determine “the views of the United States.”

The legislation was struck down by the US Third Circuit Court of Appeals last August, a similar fate that befell the state’s earlier efforts. In 2014, the Supreme Court declined to hear New Jersey’s Hail Mary appeal, but the circumstances of the state’s latest bill appear to have piqued the interest of at least some of the Court justices.

At issue is whether New Jersey’s plan to selectively repeal state-level prohibitions against sports betting at casinos and racetracks falls afoul of the federal PASPA sports betting ban. The state has argued that PASPA violates the US Constitution’s rules against the federal government ‘commandeering’ the rights of states to decide what goes on inside their borders.