Monmouth Park in New Jersey "hopes to be accepting wagers on sporting events by the Super Bowl" after the Third Circuit Court of Appeals yesterday "decided to vacate the opinion by a three-judge panel in August and will have the entire court rehear the case for legalizing sports wagering in the state," according to a front-page piece by Stephen Edelson of the ASBURY PARK PRESS. The decision breathes "new life into a four-year fight led by Monmouth Park" and the administration of New Jersey Gov. Chris Christie. Monmouth Park attorney Dennis Drazin said, "This means we now have an opportunity to argue our case in front of the entire Third Circuit, and I think we have a real legitimate chance. There are clearly serious questions about the court’s two opinions, with Christie I and Christie II in conflict." Edelson notes a Third Circuit panel in August "ruled by a 2-to-1 vote against the state's maneuverings, known as Christie II, to allow betting on sporting events at casinos and race tracks by repealing the Professional and Amateur Sports Protection Act of 1992." The "latest round of litigation stems from New Jersey's attempt to use what it felt was favorable language in the Third Circuit's initial decision, Christie I, which allowed them to repeal PASPA and conduct sports wagering in the state." There is a "chance the case could ultimately be appealed to the U.S. Supreme Court, which declined to hear the case last year." State Sen. Raymond Lesniak said, "The fact that a majority of active judges vacated the previous ruling and voted to hear our appeal is a positive sign that reinforces what I believe is a strong and convincing case to allow for sports betting in New Jersey" (ASBURY PARK PRESS, 10/15). Ft. Lauderdale-based gaming and sports law attorney Daniel Wallach said, "This is extraordinarily rare -- the judicial equivalent of winning the lottery. It means that New Jersey's sports betting hopes are alive and strong, and at least six out of the 10 judges who signed the order thought there were some significant issues to readdress" (N.Y. TIMES, 10/15).
OPENING THE FLOODGATES? In Newark, Brent Johnson notes the victory "comes as a number of other states push for legal sports betting." Indiana, Minnesota, New York, South Carolina and Texas "have all introduced measures this year to legalize such wagering." Wallach said a New Jersey victory "will potentially open the floodgates to nationwide sports betting." He added that he expects neighboring Pennsylvania and Delaware "would likely act 'swiftly' to pass similar legislation -- and that it could also force Congress' hand to lift the national ban" (Newark STAR-LEDGER, 10/15).
