New Jersey’s five-year push to bring sports wagering to its casinos takes center stage this morning when the Supreme Court hears arguments in Christie v. NCAA, a case that could have far-reaching implications for an industry that has warmed to the idea of allowing Las Vegas-style betting on its games in recent years, but is still a long way from consensus on what that should look like. A ruling for New Jersey would be a blow to the sports leagues, which would prefer new or revamped federal legislation that provides guidelines and oversight that could be implemented consistently from state to state.
The hour-long hearing is scheduled to begin at 10:00am ET, with each side represented by a former U.S. solicitor general. Paul Clement, who argued before the Supreme Court on behalf of the George W. Bush administration, will represent the NCAA, NFL, NBA, NHL and MLB. Arguing for New Jersey and outgoing governor Chris Christie is Clement’s predecessor, Ted Olson. The Justice Department also will present its position in support of the leagues during a brief argument. The solicitor general’s office advised against the court taking the appeal.
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Though the facts of the case revolve around New Jersey’s attempts to institute sports betting in the face of a federal law has banned it outside Nevada since '92, the court’s ruling could have far broader consequences, as the justices consider lines of federal oversight that could affect marijuana decriminalization, immigration policy enforcement and gun laws, among other issues.
In this latest attempt to challenge the Professional and Amateur Sports Protection Act (PASPA), New Jersey asks to allow Atlantic City casinos and racetracks to operate sports books without licensing or regulation by the state. It argues that even if the federal government can keep states from overseeing and taxing sports wagering, it can’t force them to prohibit it.
For a deeper look at the case and related issues, see the recent SBJ story, "Sports Gambling’s Day In Court," as well as the "Plugged In" feature with the American Gaming Association's Sara Slane.
