As a last-ditch effort to officially legalize New Jersey’s online sports betting law, Gov. Chris Christie thru the state’s Attorney General Office, has filed a motion for appeal with the U.S. Supreme Court. Although the filing took place last week, the state’s legal action was publicly disclosed only last Tuesday.
No less than former U.S. Solicitor General Theodore “Ted” Olson argued for and in behalf of the Garden State. He wrote a 45-page brief that describes two fundamental premises overlooked by the Third Circuit appellate panel, in formulating the decision handed down last September, 2013. Although it is worth mentioning that the decision was split 2-1, as one of the judges partially dissented based on Constitutional concerns regarding the Professional and Amateur Sports Protection Act of 1992 (PASPA) enacted by Congress.
Atty. Ted Olson pointed out in his brief that the law on which the case and the appellate ruling was founded, “improperly usurps a state’s right to decide if such gambling should be legal”. The well-known lawyer further contends that the PASPA goes against-the grain of the principle of “equal sovereignty”. This is because PASPA permits Nevada and three other U.S. states to legalize sports betting as an industry in their respective jurisdiction; thus, creating a condition in which there is prejudice among U.S. states.
Olson further argued in his brief that the double-standards, by which the PASPA is imposed, clearly violate the sovereign right and authority of the excluded states in implementing similar laws for regulating sports betting activities.