New Jersey condemns sports leagues' lawsuit
Defendants call the suit "speculative" and describe US federal sports betting ban as "unconstitutional".
New Jersey has filed papers challenging the PASPA federal ban on sports betting and opposing the professional sport leagues’ suit against the state’s bid to legalise it.
In a cross-motion for a summary judgement, where both parties submit briefs to the judge, in this case District Court Judge Michael Shipp, New Jersey argues that the sport associations lack the required constitutional standing and facts to claim that legalised sports betting would harm the leagues.
The plaintiffs, who are the National Collegiate Athletic Association, the National Basketball Association, the Major League Baseball, the National Football League and the National Hockey League, sued New Jersey officials in August.
The defendants, New Jersey Governor Chris Christie (pictured) et al., represented by former solicitor general of the United States Ted Olson, objected in particular to the leagues’ arguments that legalisation would see sports betting increase, lead to match-fixing and damage their reputation: “Each of these theories is speculative, implausible, and counterfactual, and the Leagues advanced no evidence that would allow a factfinder to conclude that any of them imminently will occur as a result of New Jersey’s legalization of sports wagering.”
The memorandum also argued that PASPA, a federal ban on sports betting excluding only Nevada, Delaware, Oregon and Montana which was passed in 1992, is unconstitutional. It says: “The Tenth Amendment, under established precedent, does not permit the federal government to “commandeer” state legislative and enforcement functions in such a manner.”
The Garden State plans to begin accepting applications for sports betting licences from 9 January 2013 and has also published regulations. These regulations contain no provisions for online or mobile wagering, but New Jersey Senator Raymond Lesniak still hopes to see his egaming bill passed in the state next year.