1. #1
    Hman
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    Everything About The NJ Sports Betting Supreme Court Case & Fight For Legalization

    Everything You Need To Know About The NJ Sports Betting Supreme Court Case
    Dustin Gouker, Nov 29, 2017

    The US Supreme Court will hear oral arguments in Christie vs. NCAA — better known as the New Jersey sports betting case — on Monday.

    The case is about both states’ rights and sports gambling. Here’s a look at what you need to know about the case.

    What’s Christie vs. NCAA about?

    The case centers around a 2014 New Jersey law in which it partially repealed its own sports betting ban. That law was an attempt to allow the state’s casinos and horse betting tracks to offer sports wagering by working around a federal law — the Professional and Amateur Sports Protection Act — that largely bans sports betting. (It grandfathered in Nevada sports betting and limited forms of wagering in other states.)

    PASPA gives standing to sports leagues and organizations — in addition to the Department of Justice — to challenge laws that they believe run counter to the law. The NCAA, the NFL, the NBA, the NHL and Major League Baseball used that power to challenge New Jersey’s law in court as illegal under the ban. So far those leagues have won every step of the way in the federal court system.

    New Jersey is arguing that PASPA is unconstitutional, in that it commandeers states into acting on the federal government’s behalf. (Gov. Chris Christie‘s name is on the case because he signed the bill into law.) The nation’s highest court will try to determine which side is right, in its view.
    While the state is using the law to offer sports betting, legal analysts believe the case could have potentially wide-ranging implications for states’ rights.

    How did the case get to the Supreme Court?

    New Jersey has twice tried to enact sports betting laws that challenged PASPA. The first effort, which started in 2012, was defeated without reaching SCOTUS.

    The 2014 law took a different tack with a repeal the state hoped would pass muster under PASPA, or force a decision that declared PASPA unconstitutional. However, New Jersey again lost, first in US District Court and then again the in US Third Circuit Court of Appeals.
    That’s where things got interesting. After initially losing 2-1 in front a panel of three Third Circuit justices, New Jersey requested an en banc hearing of all the justices on the circuit. It was a long shot that was granted.

    However, the state also lost that appeal in the summer of 2016. Like it did the first time around, the state again appealed to the Supreme Court. That, again, appeared to be a longshot. The odds got even worse when the US Solicitor General told SCOTUS that it should not take up the appeal.
    New Jersey’s hot streak continued, however, and SCOTUS granted its petition for appeal in June. That brings us to oral arguments, which take place at 10 a.m. Eastern on Monday, Dec. 4.

    What happens at oral argument?

    Lawyers for New Jersey and the sports leagues will present their arguments over the course of an hour. Ten minutes of the half hour allotted to the NCAA et al will go to the Solicitor General, which requested the time and sides with the leagues. The two lead attorneys in the case — Ted Olson (representing NJ) and Paul Clement (representing the leagues) — are former Solicitors General.
    Oral arguments give lawyers the chance to plead the cases they’ve already made in detail via a series of briefs submitted to the court. They are mostly for show, as the briefs and the contemplation of them and associated laws are the main way the court’s nine justices will come to a decision. But oral arguments also provide a window into what justices are thinking when they ask questions of counsel for either side.

    There are no cameras (ie there will be no live stream of the proceedings) or electronic equipment allowed in the chamber, so what takes place inside won’t be known until afterwards. (Legal Sports Report will be present at oral arguments and will report immediately afterward.)
    What are the potential outcomes of the case?

    The entire range of potential outcomes is a fairly long list. But most of them boil down to the court ruling one of two ways on the top level — that PASPA is either constitutional or not.
    Here is a look at some of the most likely ways the court could rule:
    PASPA is constitutional under one or more of several constitutional doctrines and NJ’s repeal violates PASPA. (NJ loses.)

    PASPA is ruled unconstitutional and would no longer be a federal law. (NJ wins.)
    PASPA allows New Jersey to do its partial repeal, but it is still constitutional and holds for all other states, unless they do a similar repeal. (NJ wins.)

    This is just a partial listing of outcomes. There are a variety of other ways the court could find with perhaps less likelihood of occurring.

    What the court will ultimately find in the case is a matter of speculation — or handicapping, to borrow a term from gambling. But SCOTUS doesn’t often take cases just to reaffirm a lower court’s ruling. After all, only a small percentage of appeals are taken by the court. At least four justices thought the case was worth hearing — that’s the number required to grant an appeal.
    Most legal analysts seem to think New Jersey coming out of the case being able to offer sports betting is about a coin flip to a small favorite. A decision that PASPA is entirely unconstitutional would probably be about a coin flip, as well.

    When will we find out the outcome of the case?

    The case will not be decided on Monday. SCOTUS has a schedule of when it releases its decisions; here it is for the current term:

    January 22
    February – none
    March 5
    April 2, 30
    May 14, 21, 29
    June 4, 11, 18, 29


    So a decision will be rendered by the end of June at the latest. It will likely come earlier than that, although the January date seems extremely unlikely.

    What happens if PASPA is deemed unconstitutional?

    New Jersey’s repeal goes into effect immediately. The state, however, has basically enacted a law that does not create governmental regulation; after all, the NJ law is all about simply repealing its prohibition, not taking any affirmative action in regards to sports wagering.
    It would also open up other states who want to legalize regulate sports wagering. Several states have already taken action on this front — notably Pennsylvania and New York — and more are likely to follow.

    In any event, it would lead to a massive and likely rapid expansion of legal sports wagering options in the US.

    What happens in New Jersey loses?

    If New Jersey loses and PASPA stays on the books as good law, it’s back to the drawing board for the state and sports betting proponents. The federal ban would have to be repealed, amended or replaced by Congress, in that event.
    New Jersey could try the so-called “nuclear option” — a full repeal of its sports betting ban that would allow unregulated sports wagering anywhere in the state — although that seems
    Nomination(s):
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  2. #2
    hawkeye 16
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    Thanks for posting this summary. Fingers crossed.

  3. #3
    KVB
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  4. #4
    pattymayo
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    I heard Christie on the radio last week, he seemed very confident that NJ will win this. Even said that Monmouth Park basically has all of the tech and infrastructure ready to go, so if the SCOTUS rules in NJ's favor at the end of June, Monmouth Park will be taking sports wagers by the July 4th holiday.

    The fact that it got this far shows this is inevitable. And if NJ wins, it opens the door for other states to do the same. You gotta think legalized sports betting is coming very soon.
    Last edited by pattymayo; 11-29-17 at 05:45 PM.

  5. #5
    kidcudi92
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    Hman is the man

  6. #6
    Hman
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    If Legalization happens, imagine how sites like SBR & TheRx will explode.

    We will all be proud to be part of it before 'the rest' come along & join the party.

  7. #7
    gauchojake
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    Hman is in the running for POTM.

  8. #8
    jjgold
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    Decision will not be made until next summer… If Supreme court rules against New Jersey it’s all over

    I live here but 90% of my money will still be offshore even if legalized because I can’t be beat And you have to drive to a race track or casino to make a bet ridiculous

  9. #9
    pattymayo
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    Quote Originally Posted by jjgold View Post
    Decision will not be made until next summer… If Supreme court rules against New Jersey it’s all over

    I live here but 90% of my money will still be offshore even if legalized because I can’t be beat And you have to drive to a race track or casino to make a bet ridiculous
    You obviously can’t beat the convenience of offshore but it would make me much more likely to take a trip to AC or Monmouth Park if I knew I could make some sports bets

  10. #10
    jjgold
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    It’s something to do but if you’re a daily player you’re not going to keep driving back-and-forth day and night

    Hopefully the plan will be to have an app down the road if approved then it can be a major player

  11. #11
    53 defense
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    Fuk a bunch of Chris Christie

    Gutless fat prick should get hit by the crosstown bus

    just sayn

  12. #12
    klemopixx
    Shit just got real.
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    They should have done this 10 years ago, MIGHT have saved the casino industry in AC! Now it's just going to be a small draw for the idiots who go there regularly or live close by. AC is a fukkin dump, they missed their chance a decade ago when poker was near the end of its heyday. Now it has returned to it's original form, a ghetto by the sea. Christie blew it, between the stupid CCC rules and regulations, and letting the mayor embezzle from every damn project in that town, AC didn't have a chance.

  13. #13
    sweep
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    Quote Originally Posted by jjgold View Post
    It’s something to do but if you’re a daily player you’re not going to keep driving back-and-forth day and night

    Hopefully the plan will be to have an app down the road if approved then it can be a major player
    Pop up shops in every 7-11 and liquor store...same way maryland does keno in every mom & pop, bowling alley, liquor store etc....Self-serv kiosks just like the state lottery does now. SLAM DUNK!

  14. #14
    jjgold
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    sweeper never will happen

    Does not even happen in Vegas

    All they need is APP

  15. #15
    sweep
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    New jersey been changing the game, all aboard

  16. #16
    mrpapageorgio
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    You won't hear a decision in January, that would be warp speed for SCOTUS. March is possible, but I'm not optimistic. If there were odds on this, I'd be betting you'll hear the decision in June. Especially considering the fact this has to do with the constitutionality of a major federal law, SCOTUS usually likes to wait until the last day for high profile cases.

    If the law gets struck down, I wouldn't be shocked if the broke states suddenly introduce legislation to allow casinos to have books. California, Illinois, Mississippi, etc. will likely have books within 2 years tops.

    I also think if this gets struck down you'll have the excuse for sports networks to start having shows on gambling, especially ESPN to try and turn the tide. I know there's people saying the major leagues will resist, but I can only see the NCAA being the loudest. They'll probably tell the NFL to shove it if they complain since they're still paying for their crappy MNF deal and the NFL hasn't done anything in good faith to make good for the crappy product being offered to them each week.

    The offshore books won't come crashing down since not everyone is going to be willing to drive to a book if there isn't one within convenient driving distance. They will also still have the appeal of "anonymous" betting for those wanting to stay off the radar. Only thing that may bring a headache for the offshore books is if the US books bring app betting where you can bet from the comfort of your own home on your smartphone. They can bring a competitive advantage where you don't have to deal with Bitcoin or crypto currencies for those uncomfortable with crypto. With that in mind, they'll still have to make adjustments to stay competitive since some players will go into the light. (I.e. Reduced juice, more options to bet on, etc.)

  17. #17
    konck
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    Nice job good info

  18. #18
    shocka1212
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    Quote Originally Posted by jjgold View Post
    It’s something to do but if you’re a daily player you’re not going to keep driving back-and-forth day and night

    Hopefully the plan will be to have an app down the road if approved then it can be a major player
    probably like the borgata poker app... people are going to get buried

  19. #19
    shocka1212
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    Quote Originally Posted by sweep View Post
    New jersey been changing the game, all aboard
    best state in the land..

  20. #20
    JS41
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    Guys, its not really all that difficult to control, for example in Mexico, there is legal sportsbetting, on and offline, most books are inside of casinos but there a few standalones. Limits aren’t that bad, I mean for lets say NFL sides, you can get about 10-15k USD down at most places, of course when its comes to the other sports, limits are much smaller.

    Point is though, it works, its taxed, both on the operator and on the player from any profits, money laundering procedures are in place, albeit not the most stringent but in a nutshell any win and collection over about $1000 usd has form to be signed by the player, (with valid ID), at the book. Its not reported, just kept on file in case the gaming or taxation board does want to investigate at some point, any win and collection of greater than about $2500 USD, has the same form but that is meant to be reported to the appropriate authorities by the casino, but does no harm or foul to the player, its more to make sure the casino itself is adhering to money laundering laws in place, if not the gaming board can close the place down for failure to comply. Also any win and collection greater than about $10k USD has to be paid via cheque or bank transfer, on top of that this form I mentioned for any wins larger than $1000 USD only has to be signed by a player 1 time per year.

    Books really aren’t supposed to allow any anonymous betting, before even making a bet ALL clients must be registered with proof from a government issued ID, home address and phone number. Now lets say the US wanted to take a similar route, Yes, it would be a pain in the butt at the beginning, but its doable of course, a shed load of red tape, but still very doable, while also providing enough information about the users, companies, revenues, etc.. to the authorities to keep them complacent.

  21. #21
    jjgold
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    Vegas welcomes legalizing NJ

    Offshore welcomes it

    Both get bigger

  22. #22
    Chi_archie
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    are there any good areas to live in jersey?

  23. #23
    jjgold
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    Clifton , NJ
    Rutherford
    Lyndhurst

  24. #24
    daneblazer
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    PASPA sounding like it may get repealed. Decision on whether or not to allow gambling will be left up to states like the lottery. Would be huge news

  25. #25
    reigle9
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    Quote Originally Posted by Chi_archie View Post
    are there any good areas to live in jersey?
    it's the state with all of the dark counties


  26. #26
    Hman
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    Here’s a look at what some of the people in the room felt after witnessing oral arguments.

    Christopher Soriano
    @CLSoriano
    As expected the argument was fast paced and explored many areas. But there was quite the sense particularly among the court’s conservatives that something about PASPA’s way of regulating just isn’t right. Hard to say it doesn’t commandeer the states.
    11:25 AM - Dec 4, 2017
    1 1 Reply 7 7 Retweets 8 8 likes



    Christopher Soriano
    @CLSoriano
    Very quick thoughts. Roberts, Kennedy, Alito, Gorsuch, and likely Breyer leaning in favor of NJ.
    11:19 AM - Dec 4, 2017
    1 1 Reply 4 4 Retweets 10 10 likes


    Geidner

    @chrisgeidner
    Replying to @chrisgeidner
    Incidentally, Chris Christie was sworn into the Supreme Court bar today before the case that bears his name was argued. #SCOTUS pic.twitter.com/N7llb09iPD


    Geidner

    @chrisgeidner
    First take: The justices (at least a majority) were uncomfortable with a federal law that goes out of its way to say what a state can’t do, while setting up no regulatory system of its own. #SCOTUS
    11:41 AM - Dec 4, 2017
    2 2 Replies 10 10 Retweets 9 9 likes


    Wallach
    @WALLACHLEGAL
    Just got out of the oral argument. Justice Breyer looks like a solid for NJ. May be the difference for New Jersey.
    11:36 AM - Dec 4, 2017 · Washington, DC
    5 5 Replies 27 27 Retweets 44 44 likes


    Andrew Brandt

    @AndrewBrandt
    Oral arguments completed in Christie v. NCAA case in Supreme Court. Hard to read tea leaves but initial impression: a good day for the future of sports betting in New Jersey and perhaps, other states behind them.
    11:35 AM - Dec 4, 2017
    3 3 Replies 43 43 Retweets 53 53 likes


    SenatorLesniak
    Replying to @jifrah and 5 others
    I appreciate Governor Christie’s support and the huge support of NJ voters for my sports betting referendum during my 8 yr journey which included a loss at the Superior Court & 2 at Ct of Appeals Now we’re at the threshold of Victory! pic.twitter.com/ZWb5GU4Oc4



    Jeff Ifrah
    @jifrah
    Looks like a win Senator! I am predicting 6-3. All men voting, "yes, we want sports betting" - and all women voting "no way!"
    12:00 PM - Dec 4, 2017
    Replies 2 2 Retweets 2 2 likes


    Dustin Gouker
    @DustinGouker
    People who observe the Supreme Court more closely than I do seem to think NJ is going to win the sports betting case based on observing justices' questions. #PASPA

    1h

    Howard Stutz Retweeted




    Daniel Wallach
    @WALLACHLEGAL
    I see a 6-3 vote in favor of NJ in today’s sports betting case at #SCOTUS.

    1h

  27. #27
    jjgold
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    I will be here setting up sbr office in Nj

  28. #28
    Louisvillekid1
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    Quote Originally Posted by jjgold View Post
    I will be here setting up sbr office in Nj
    Lol nice

  29. #29
    funnyb25
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    Who is winning this ​court case?

  30. #30
    stevek173
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    JJ Gold

  31. #31
    jjgold
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    You got a remember there’s not many places that are going to offer it for me it’ll be one hour so I won’t be going it’s just not worth the costs

  32. #32
    funnyb25
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    Why is this relevant when you can sit on your couch and bet offshore?

    Thanks.

  33. #33
    mrpapageorgio
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    Quote Originally Posted by funnyb25 View Post
    Why is this relevant when you can sit on your couch and bet offshore?

    Thanks.
    Not everyone wants to/are too technology illiterate to deal with Bitcoin or figuring out a way to fund/withdraw an offshore account.

  34. #34
    jjgold
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    Quote Originally Posted by funnyb25 View Post
    Why is this relevant when you can sit on your couch and bet offshore?

    Thanks.
    its relevant to a degree but offshore just too far ahead of everyone

  35. #35
    Crusherrr
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    I'd rather bet offshore. Reduced juice, bonuses, rewards, and bitcoin make offshore 1000x more appealing to me.

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