What a wild ride! After two separate defeats in district and appellate courts, an unfavorable en banc hearing, and a request for the views of the Solicitor General – which recommended the High Court deny review, the Supreme Court announced yesterday that they will indeed hear the New Jersey sports betting case!
This special edition of The Blitz features the best news stories, highlights and a bit of background for those who need to get up to speed.
If you’re not familiar with the NJ sports betting case and the states’ rights issues involved here’s a great place to start:
Will the U.S. Supreme Court make sports betting legal in America? The odds may be good. My @SInow legal take: https://t.co/RyksofqvjG pic.twitter.com/Yzh9sSiJYG
— Michael McCann (@McCannSportsLaw) June 27, 2017
#SCOTUS will review New Jersey’s sports betting fight. Take a look at how we got here w/ this interactive timeline:https://t.co/b8oDkq5vrT pic.twitter.com/ehJM3IClvh
— Zach Zagger (@ZachZagger) June 27, 2017
Those watching the case expected a decision from the Supreme Court on Monday as to whether the justices would agree to hear the case. Most experts agreed that the chances were nil, in that the Supreme Court accepts less than two percent of cases which petition certiorari, and when CVSG is requested they normally follow the recommendation of the Solicitor General. Daniel Wallach took a deep dive into the issues surrounding the case and last Friday published seven reasons why he felt the sports betting case stood a decent chance of a cert grant.
Seven Reasons Why The New Jersey Sports Betting Case May Get Its Day In The Supreme Court:
My analysis @LSPReport https://t.co/QzvJUnM26x
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
On Monday at 9:30 AM, the Supreme Court’s orders were posted on the SCOTUSblog, but no mention was made of the New Jersey case. In short order, Wallach began analyzing the situation and concluded that it would most likely be included in the Supreme Court’s “clean-up orders list” to be published on Tuesday. Further analysis led him to believe that the case stood an even greater chance of receiving a hearing based on his research.
If the “clean-up” order lists from previous #SCOTUS terms is any indication, NJ sports betting has roughly a 50% chance of a cert grant.
— Daniel Wallach (@WALLACHLEGAL) June 26, 2017
Yesterday morning the announcement came:
Here is the good news for NJ sports betting: pic.twitter.com/UijiVywylt
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
And the news stories began to break.
US Supreme Court Says ‘Yes’ To New Jersey #sportsbetting Appeal , via @WALLACHLEGAL/@DustinGouker – https://t.co/NtFlxkWCkx
— Sheilla Dingus (@SheillaDingus) June 27, 2017
US Supreme Court agrees to hear NJ sports betting case, via @johnsb01 (with comments from @SenatorLesniak and me): https://t.co/Zl4lf9kYQ9
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
Justices To Tackle Sports Betting Legalization In NJ Case https://t.co/soNHGeL6IQ via @ZachZagger pic.twitter.com/5FZKHQvR5x
— Sheilla Dingus (@SheillaDingus) June 27, 2017
Justices to review New Jersey bid for legal sports betting, via @shermancourt & @WayneParryAC https://t.co/oFkM0xZkpB
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
In surprise move, Supreme Court says it will take on New Jersey sports betting case, via @MattBonesteel https://t.co/269o7csWMK
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
yesterday I explained how the NJ sports betting saga already was full of surprises. now, SCOTUS takes it https://t.co/266AEePdvg pic.twitter.com/zYvvPufYsx
— John Brennan (@BergenBrennan) June 27, 2017
Supreme Court will hear sports betting case https://t.co/vrBfYiJU3g via @grace_hauck with insights from @WALLACHLEGAL
— Sheilla Dingus (@SheillaDingus) June 27, 2017
“It is not the role of the government to defend sports leagues’ reputations.”
Nice work from @michelleminton https://t.co/KeJ0Azfb8i— Sheilla Dingus (@SheillaDingus) June 27, 2017
My take on Supreme Court granting NJ’s sports betting case a hearing https://t.co/KtSVOG7gAo #repealPASPA
— michelleminton (@michelleminton) June 27, 2017
SC decision may spur Congress/sports leagues to action on gambling https://t.co/evYF0YGxsQ @byajperez w/@WALLACHLEGAL/@FrankPallone insights
— Sheilla Dingus (@SheillaDingus) June 28, 2017
Justices Agree to Take Up NJ Sports Wagering Case https://t.co/oYyvF3rZAj via @ctoutantNJLJ w/@WALLACHLEGAL insights: pic.twitter.com/qDo7slKLQc
— Sheilla Dingus (@SheillaDingus) June 28, 2017
New Jersey’s Appeal of Sports Betting Ban Heads to Supreme Court, via @joedrape (with comments from me): https://t.co/1eelMsvmFW
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
Around noon the “Dynamic Dans” sports law duo released a “breaking news” podcast diving deeply into the issues. Highly recommended listening:
Breaking SportsLaw Podcast: US Supreme Ct agrees to hear NJ lawsuit seeking to legalize sports betting @WALLACHLEGAL https://t.co/lzAnTrExOi
— Dan Werly (@WerlySportsLaw) June 27, 2017
Since PASPA, the 1992 legislation which banned legal sports betting in all but four grandfathered states (and for all practical purposes – all states but Nevada) has been driven by the sports leagues, who over the last few years have seemed uneven – and often hypocritical in their gambling stance – a number of stories focused on how the leagues will likely react to the cert grant.
Supreme Court has agreed to examine the federal prohibition on sports betting; Sports leagues remain quiet on issue. https://t.co/EkraQcFEFe
— David Payne Purdum (@DavidPurdum) June 27, 2017
If NFL, NBA, NHL, MLB lose New Jersey sports betting case at Supreme Court, they would lose control to states. Leagues have tough choice.
— David Payne Purdum (@DavidPurdum) June 27, 2017
Leagues have no business dictating states’ policy & law, much less overriding the will of voters. We live in interesting times. #Checkmate? https://t.co/fxwJivEg8f
— Sheilla Dingus (@SheillaDingus) June 27, 2017
Everything is now in play before #SCOTUS, including the selective enforcement of #PASPA by the sports leagues. https://t.co/WhPQEAXHk0
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
NBA, NFL And Other Leagues Have A Real Sports Betting Problem Now That NJ Case Heads To Supreme Court https://t.co/1VNLaWDsBX pic.twitter.com/Ds5NO5uhdT
— Legal Sports Report (@LSPReport) June 27, 2017
Supreme Court decision to take on sports gambling issue might force NCAA to accept Las Vegas https://t.co/CACwl3IWiZ via @usatoday
— Dan Wolken (@DanWolken) June 28, 2017
Supreme Court’s decision to consider scrapping federal ban on sports wagering puts NFL in an awkward spot https://t.co/vD5QFIclKy
— ProFootballTalk (@ProFootballTalk) June 27, 2017
#SCOTUS action could spur movement from Congress, sports leagues on gambling, via @byajperez (with quotes from me): https://t.co/QMHj44z6Z8
— Daniel Wallach (@WALLACHLEGAL) June 27, 2017
The sports leagues have up until now claimed that they would be “irreparably harmed” by legal sports betting, but in light of their recent actions, will the argument hold? Daniel Wallach says it’s unlikely and explains why in this three-parter from April:
3-part series from @wallachlegal on NFL and sports betting:
1: https://t.co/8nnw6mOJcx
2: https://t.co/ZSAm8c1tBV
3: https://t.co/E9ApW92F8e pic.twitter.com/5Z1eOpQdnv— Legal Sports Report (@LSPReport) April 17, 2017
Moving forward…
Hopefully Sports Betting USA conf in NYC in Nov will be seen by leagues as the place to build that aftermath plan https://t.co/sqCohIg7zc https://t.co/LRr7vcvjco
— Ewa Bakun (@EwaBakun) June 27, 2017
Great wrap-up here!
Sharp analysis by @ZachZagger w/ insightful comments from @WALLACHLEGAL https://t.co/2ldFdcdoor pic.twitter.com/G9ZPUb6j23
— Sheilla Dingus (@SheillaDingus) June 28, 2017
Looking ahead…
#SCOTUS deadlines in NJ sports betting case:
8/10: NJ merits brief
8/17: Amici briefs
9/14: Leagues’ response brief
10/14: NJ reply brief— Daniel Wallach (@WALLACHLEGAL) June 28, 2017
Good stats for NJ sports betting:#SCOTUS reversal rate of lower federal circuit court decisions is over 70% for the last 4 Terms.
— Daniel Wallach (@WALLACHLEGAL) June 28, 2017
The most compelling fact to me in all this: #SCOTUS departed from the recommendation of the Solicitor General. Doesn’t happen very often.
— Daniel Wallach (@WALLACHLEGAL) June 28, 2017
