New Jersey Doubles Down on Sports Betting - Podcast
Litigation Practice Group Podcast
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The Professional and Amateur Sports Protection Act (PASPA) forbids any state (other than Nevada) from authorizing or licensing sports gambling. In striking down an earlier effort by New Jersey to legalize sports gambling, the Third Circuit interpreted this to bar states from giving affirmative authorization to engage in sports gambling, but allowing them to repeal their own sports-gambling prohibitions, in whole or in part. This qualification was necessary, the Third Circuit held, to avoid unconstitutionally commandeering the states. In the wake of that decision, New Jersey repealed its prohibitions to the extent that they apply to bets placed by those over 21 at casinos or race tracks. This too has been challenged under PASPA and oral argument in the case was heard by the Third Circuit, sitting en banc, on February 17, 2016. Our expert gave listeners background information on the case and reported on what transpired during oral argument.
Featuring:
- Jonathan Wood, Staff Attorney, Pacific Legal Foundation