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admin 01.07.2014

Recently, the Third Circuit Court of Appeals granted the state of New Jersey’s petition for rehearing en banc in Christie II, the continuing court battle over whether New Jersey can circumvent the Professional and Amateur Sports Protection Act of 1992 (PASPA) and offer traditional sports betting through a repeal of state regulations for sports betting at the state’s casinos and racetracks.
The court’s ruling rekindled New Jersey’s waning hopes for implementing sports betting without a Congressional amendment or repeal of PASPA, but the legal issue remains up in the air. Even if the case moves quickly by appellate legal standards, New Jersey will likely need to wait six to twelve months for a final decision. Based on the Christie II panel decision, we can assume Judge Fuentes will vote for New Jersey, while Senior Judges Rendell and Barry will vote for the sports leagues.
In any case, the final vote is likely to reflect a closely divided court, which is appropriate considering the legal issue in play is a close call with meritorious arguments on both sides.

If we assume that judges’ actual votes for Christie I and Christie II are the most reliable guide to their votes on the merits of the appeal, the sports leagues have a slight advantage with three fairly solid votes as a base, compared to only two solid votes for New Jersey. Keep updated on all of the major partnerships and sponsorships in the fantasy sports industry. Each were appointed by either President Clinton or Obama, so they may lean toward the sports leagues because of deference to Congressional restrictions on sports gambling.
A complete breakdown of the state eligibility for major one day fantasy sports sites like FanDuel, DraftKings and more. So, New Jersey will not be able to offer sports betting unless and until the full Third Circuit reverses the district court ruling.

Similarly, Judge Fisher voted in favor of the sports leagues in Christie I and would presumably be inclined to vote against New Jersey again this second time around. Grange95 currently serves as in-house legal counsel for a financial services company where his duties include supervising major litigation throughout the United States.
Thank you to journalist John Brennan (who covers the New Jersey sports and gaming scene at the Meadowlands Matters blog) for bringing the error and the CA3Blog analysis to my attention.

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