NJ going for Sports betting regardless of Supreme Court
The second of three reply briefs to the Supreme Court from New Jersey was filed Monday, this one from the New Jersey thoroughbred horsemen.
Among other points made, this brief highlighted an argument made by state Senator Ray Lesniak recently that New Jersey will have sports betting even if the Supreme Court opts not to review its case.
The brief reads (as reported by John Brennan of Northjersey.com):
“if state law allows sports gambling, in whole or in part, but does not bless it with the imprimatur of authorization or license, PASPA imposes no constraint on private behavior. It is only when state law blesses sports gambling with the imprimatur of authorization or license that PASPA imposes any constraint on private behavior, and even then only to the extent that the private behavior is done “pursuant to” state law.”
In other words, sports betting will happen whether the feds like it or not, it just won't be monitored or enforced at the state level and will be legal by state law.
“I have legislation being drafted and that will be introduced, to allow casinos and racetracks to have sports betting on our premises," said Sen. Lesniak in Atlantic City on May 20. "We just won’t be able to regulate it. We pushed the envelope with internet gaming, and we will push the envelope on sports betting. And we are not going to be deterred.”
On paper, it seems like a nice little loop hole in the Professional Amateur and Sports Protection Act of 1992 (PASPA) for sports bettors. But the feds probably aren't going to be fond of New Jersey thumbing its nose at them and zeroing in on technicalities to offer sports wagering.
It all makes things very interesting for June 23 when the Supreme Court is expected to decide whether to hear New Jersey's appeal. By most counts, it's a long shot to be accepted.
Among other points made, this brief highlighted an argument made by state Senator Ray Lesniak recently that New Jersey will have sports betting even if the Supreme Court opts not to review its case.
The brief reads (as reported by John Brennan of Northjersey.com):
“if state law allows sports gambling, in whole or in part, but does not bless it with the imprimatur of authorization or license, PASPA imposes no constraint on private behavior. It is only when state law blesses sports gambling with the imprimatur of authorization or license that PASPA imposes any constraint on private behavior, and even then only to the extent that the private behavior is done “pursuant to” state law.”
In other words, sports betting will happen whether the feds like it or not, it just won't be monitored or enforced at the state level and will be legal by state law.
“I have legislation being drafted and that will be introduced, to allow casinos and racetracks to have sports betting on our premises," said Sen. Lesniak in Atlantic City on May 20. "We just won’t be able to regulate it. We pushed the envelope with internet gaming, and we will push the envelope on sports betting. And we are not going to be deterred.”
On paper, it seems like a nice little loop hole in the Professional Amateur and Sports Protection Act of 1992 (PASPA) for sports bettors. But the feds probably aren't going to be fond of New Jersey thumbing its nose at them and zeroing in on technicalities to offer sports wagering.
It all makes things very interesting for June 23 when the Supreme Court is expected to decide whether to hear New Jersey's appeal. By most counts, it's a long shot to be accepted.