In a move that could see a huge rush among states to grab a share of billions of dollars in illegal gambling, a majority of the Supreme Court appear to be ready to allow New Jersey to proceed with its plan to legalize sports betting at casinos and racetracks.
A number of justices implied that they agreed with New Jersey’s argument that a federal prohibition from 1992 that forbids states from authorizing sports betting is defective due to the fact that the law forces states to keep a betting ban in place that their residents do not favor any longer.
Justice Anthony M. Kennedy commented that the citizens of the state of New Jersey are bound to obey a law that the state does not want but that the federal government compels the state to have.
Kennedy went on to say that it would appear to violate the constitutional prohibition on what is called “commandeering”.
New Jersey has for years attempted to breathe new life into its troubled casinos and racetracks by authorizing sports betting at the facilities. The Professional and Amateur Sports Protection Act (PASPA) permits live betting at sports events in Nevada facilities only, while a few of the other states have sports lotteries.
Chris Christie, the outgoing New Jersey Governor, has been one of the leaders of the attempt to authorize sports betting in his state.
It would, however, appear as though Congress does not want there to be sports gambling schemes operating in interstate commerce.
