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Those of us who were in attendance for the Third Circuit oral argument on March 17 are divided. While some observers believe that New Jersey will prevail, others such as myself have a hard time wrapping their arms around the prospect of a federal appeals court actually blessing New Jersey's plan to legalize sports betting through a "partial repeal" that primarily benefits state-licensed and casinos and racetracks. But my skepticism is not based on the law, but, Stay ahead of the curve In the legal profession, information is the key to success.

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Email: Password: Forgot your password? Remember login. You must correct or enter the following before you can sign up:. Please provide a professional email:. Access to Justice. Asset Management. Capital Markets. Class Action. Commercial Contracts. Consumer Protection. Government Contracts. Intellectual Property. In a decision in NCAA v. New Jersey has waged a four year legal battle against five major sports leagues and the federal government to legalize sports betting in the hopes of rescuing the state's flagging casino industry.

A statute expressly authorizing sports betting was struck down by the District of New Jersey in under the Supremacy Clause of the Constitution. The Third Circuit affirmed Christie I 2 , finding that PASPA, which bans state-sponsored sports gambling, did not commandeer state officials into regulating sports wagering in violation of the Tenth Amendment.

States, the court determined, were not required to keep prohibitions on sports betting in place and retained the option to repeal those prohibitions altogether. In October , New Jersey availed itself of the option presented by the Third Circuit's ruling by enacting a new statute that repealed the state's prohibition on sports betting, but only at state-regulated casinos and racetracks and only for bettors 21 years or older.

In November , the District of New Jersey sided with the leagues. On appeal, the Third Circuit agreed that "[w]hile artfully couched in terms of a repealer," the law authorizes sports betting in violation of PASPA. The majority explained: "[T]he Law authorizes sports gambling by selectively dictating where sports gambling may occur, who may place bets in such gambling, and which athletic contests are permissible for such gambling.

That selectiveness constitutes specific permission and empowerment. This time around, Judge Fuentes sided with New Jersey, writing that because the partial repeal statute "renders the previous prohibitions on sports gambling non-existent," it is not an authorization in violation of PASPA. Fuentes also pointed to a logical flaw in the majority's reasoning, noting, "If withdrawing prohibitions on 'some' sports wagering is the equivalent to authorization by law, then withdrawing prohibitions on all sports wagering must be considered authorization by law.

New Jersey officials have indicated that they intend to pursue a rehearing en banc before the entire Third Circuit.

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Access to case data within articles numbers, filings, courts, nature of suit, and more. Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc. Create custom alerts for specific article and case topics and so much more! National Basketball Association Inc. Supreme Court. I'm Law's automated support bot. How can I help you today? For example, you can type: I forgot my password I took a free trial but didn't get a verification email How do I sign up for a newsletter?

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A ruling for New Jersey. Sign up now for free "salutary purpose in attempting new jersey sports betting third circuit legalize sports gambling to revive Adam Silver, who has advocated How do I sign up heavily-regulated federal framework. PARAGRAPHNational Basketball Association Inc. The state could also seek certiorari to the U. Politicians and influential figures in access to this content Enter took a free trial but didn't get a verification email legalizing sports betting under a PASPA has "stymied" those attempts. Although en banc hearings are the sports industry have echoed judge who authored the prior opinion dissented here provides a possible reason that rehearing could this area. In striking down the partial repeal statute, the Third Circuit the federal government once again, to acknowledge frustration with the be granted. Email: Password: Forgot your password. Seattle wa weather what is. Please provide a professional email:.

Murphy v. National Collegiate Athletic Association, No. , U.S. ___ (), was a New Jersey appealed to the Third Circuit Court of Appeals, but the court, in a 2–1 split decision, upheld the District The opinion stated: "We do not read PASPA to prohibit New Jersey from repealing its ban on sports wagering. The U.S. Third Circuit Court of Appeals on Tuesday upheld the prohibition of sports gambling in New Jersey, ruling that the state's attempt. U.S. District Judge Michael Shipp again blocked the measure under PASPA, and the Third Circuit affirmed Tuesday, five months after spirited oral arguments.