If you’re just joining us, New Jersey passed legislation in 2011 authorizing single-game sports betting at Atlantic City casinos that Christie signed into law in January 2012. These plans were interrupted when the US Department of Justice, the four main professional sports leagues and the NCAA filed suit to block the scheme on the grounds that it violated the 1992 federal PASPA sports betting prohibition. In March, the ‘no’ side won a temporary injunction blocking New Jersey’s plans, a ruling the state promptly appealed, and here we are.
The Horsemen’s petition comes at the end of the 45-day window New Jersey’s sports betting backers were given in which to decide whether to request a rehearing in front of the full Third Circuit Court. The fact that September’s ruling featured a strong dissenting opinion from Judge Thomas Vanaskie can only help New Jersey’s chances in convincing the full court to rehear the case. If the Court agrees to a rehearing, it likely wouldn’t take place until sometime early in 2014.
The state was also given 90 days in which to file a request for the suit to be heard by the US Supreme Court, which many observers feel is inevitable, given the Constitutional implications of New Jersey’s appeal. Should the full Third Circuit Court rule in New Jersey’s favor, the DOJ and the leagues would be the ones asking the Supremes to lend them their ears.