Bad news for New Jersey sports betting

New Jersey politicians and operators will be disappointed by the news Friday from the US Third Circuit Court of Appeals in Philadelphia, which has turned down the Garden State’s request for a full panel of judges to re-hear its appeal on the PASPA issue.

That means that Governor Chris Christie may have to ante up on his threat to take the issue all the way to the US Supreme Court if necessary .

The refusal to grant New Jersey a re-hearing is the latest in a series of legal decisions that have gone against the state as it tries to introduce legalised intrastate sports betting in defiance of the federal Professional and Amateur Sports Protection Act, which permits sports betting in only four states.

Having passed legislation legalising sports betting at state level in 2011, New Jersey faced litigation from the professional sports bodies and the US Department of Justice preventing its implementation. New Jersey lost the first clash in a lower court, and took the case on appeal to the US Third Circuit Court of Appeals, which also ruled against the measure two months ago.

However, New Jersey lawyers took hope from the fact that one of the three appeal court judges gave a dissenting opinion and a bid for a re-hearing before a full panel of judges was made.

That is now off the table after the court ruled that not one of the three appeal judges, or in fact any of the appeal court judges, had felt a re-hearing was necessary.

Provided an appeal is filed within the next 90 days, New Jersey now has the option to carry the issue to the US Supreme court, which may or may not decide to hear it.  Because the New Jersey action involves constitutional issues, it is likely that such an appeal will be accepted.

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