Thursday March 14,2013 : NEW JERSEY FILES ITS APPEAL IN SPORTS BETTING LITIGATION (Update)
But the Third Circuit Court of Appeals is not necessarily a good bet
Good to his word, New Jersey governor Chris Christie and his officials have filed notice to appeal following the state's defeat in its attempt to legalise intrastate sports betting and challenge the Professional and Amateur Protection Sports Betting Act.
Federal judge Michael Shipp supported the arguments of the national sports leagues and the Department of Justice in rejecting the New Jersey challenge last (February) month.
New Jersey officials have filed the appeal with the Third Circuit Courts of Appeal in Philadelphia, indicating that they are prepared to fight the issue all the way up to the US Supreme Court if the appeal fails.
The chances of that happening are not unlikely, bearing in mind that Delaware was unsuccessful in its appeal against a judgement that had prevented it from expanding permissible parlay-betting under the PASPA several years ago .
“The odds are the final outcome will be the same as the outcome in the district court,” Gabriel Feldman, director of the sports law program at Tulane University told reporters. “It was clear from the beginning this was an uphill battle for New Jersey and the courts would give great deference to federal law.”
However, other experts point out that the difference in the New Jersey case is that the constitutionality of the restrictive and discriminatory PASPA is being debated.
The influential New Jersey Thoroughbred Horsemen's Association is supporting the state's appeal.