In this November 30, 2017, photo, betting slips are seen on a table at the Monmouth Park racetrack in West Long Branch, N.J. With banks of TVs tuned to all-sports stations and a spacious bar, the lounge a the racetrack is a sports gamblers' paradise-in-waiting.
Arguing in the case Christie v. NCAA, Gibson, Dunn & Crutcher partner Theodore Olson appeared to persuade several justices that the 1992 Professional and Amateur Sports Protection Act infringes on state sovereignty and amounts to "commandeering" states to do the federal government's bidding. They say it violates a 1992 federal law banning state sports betting.
GMA's newly expanded Sports Betting division, headed by John English, Managing Director of Sports Betting and Technology, produced the white paper entitled "An Examination of Sports Betting in America & Forecast of Revenues by State" to highlight the current status of the sports betting market in the USA, the process being undertaken to overturn the Professional and Amateur Sports Protection Act (PASPA), hurdles the industry will face, political climate, and revenue potential for a well regulated sports betting industry.
The state argues that PASPA violates the 10th Amendment, which says "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".
The case heard Monday is a result of New Jersey's yearslong effort to bring sports betting to its casinos and racetracks. "It will have ramifications far beyond the confines of sports gambling in New Jersey and it could impact a broad range of other policy domains where the states are rolling back preexisting prohibitions in the shadow of stricter federal laws". He said it was needed to keep organized crime out of athletics.
New Jersey Governor Chris Christie, who has fought for years to overturn the federal law, watched the argument from the front row of the Supreme Court bar section.
The sports leagues, backed by President Trump, argue the federal law doesn't force the state to do anything; it simply outlines what it can not do. The American Gaming Association estimates that Americans illegally wager about $150 billion on sports each year.
The Supreme Court has held that under the 10th Amendment, the federal government can not "commandeer" states to enforce federal law.
The leagues also say New Jersey's 2014 repeal of its sports-betting ban is a sleight of hand that effectively authorizes sports wagering without explicitly saying so.
Christie said outside court that if the justices rule in New Jersey's favor, "we could have bets being taken in New Jersey within two weeks of a decision by the court". A ruling is expected in June.
Or it could side with the leagues.