NJ Sports Betting Case Remains in Limbo, Avoids Boot
The fight for legitimized sports betting remains alive this week. The long-running New Jersey sports betting case will live to see another day. That day may be tomorrow.
On Monday morning the U.S. Supreme Court was supposed to decide whether or not it would grant the state’s petition in its ongoing effort to legalize sports wagering within its borders. But, neither to the chagrin nor the elation of New Jersey lawmakers and sports betting advocates, the court ended Monday’s session without a word in either direction.
Instead, the case was re-classified as part of the court’s “cleanup conference” of undecided cases. As of now, a decision on whether to take the case is expected on Tuesday. But, if this move is any indication the court is in no rush to make a decision.
Nonetheless, legal analysts are taking heart at what they believe to be a sign that the case has a legitimate shot.
“I consider it good news that we didn’t receive notice that our case would not be heard,” said Dennis Drazin, an attorney who runs Monmouth Park for the state’s thoroughbred horsemen – who are intervenors in the case. “At this point, anything is possible.”
What’s in the cards for NJ sports betting?
The precedent for cases at this stage is varied. Of the cases brought before it, S.C.O.T.U.S. agrees to hear appeals in only a fraction of them. The exact number stands at about 1 in 100 cases. Fort Lauderdale, FL-based sports law attorney Daniel Wallach said that roughly half of the cases that reached this stage last year were taken up by the Court or were vacated and remanded to the lower court.
With a cleanup conference in progress Monday afternoon, it might be a short wait for the case. That being said, there’s still a possibility of waiting until the fall, when the Supreme Court reconvenes.
If the appeal is granted, more briefs will be filed. Eventually oral arguments will be held in front of the court’s nine justices. New Jersey would have to convince five of them to side with it against PASPA in order to win.
But if the appeal is denied, it’s sayonara for the state in its sports betting-related legal challenges.
