HomePublicationsNewsletter ArchiveVolume 19Issue 32Third Circuit of Appeals Denies Request For Rehearing in New Jersey Sports Wagering Case

On Friday, November 15, 2013, the United States Court of Appeals for the Third Circuit denied a petition for rehearing filed by New Jersey Governor Chris Christie and other interested parties regarding the State of New Jersey’s plan to implement sports wagering at the Atlantic City Casinos and the state's horse race tracks. The petitioners sought rehearing of the September 17, 2013 decision of a three-judge panel of the Third Circuit which affirmed an earlier decision of the U.S. District Court for the District of New Jersey issuing a permanent injunction prohibiting New Jersey from implementing its proposed sports wagering scheme.  This Third Circuit’s prior decision to uphold the ban on the expansion of sports wagering to New Jersey effectively found that the Professional and Amateur Sports Protection Act (“PASPA”), the federal law currently prohibiting the expansion of sports wagering outside of the licensed Nevada sports books and certain limited lottery games and sports pools previously authorized in Oregon, Delaware, and Montana, was constitutional.

Now that the Third Circuit has denied rehearing, the Defendants in the case (including Governor Christie, certain members of the New Jersey legislature, the Director of the New Jersey Division of Gaming Enforcement and the New Jersey Thoroughbred Horsemen’s Association, among others) have one option remaining - - requesting a writ of certiorari for review by the United States Supreme Court. Though a spokesman for Governor Christie has stated in the past that he would take the matter to the U.S. Supreme Court, if necessary, there is no guarantee that the Supreme Court will decide to take up the case. In fact, New Jersey likely faces an uphill battle in obtaining any further judicial review, as the Supreme Court routinely grants certiorari in only approximately 1% of the cases submitted each term. 

The Defendants’ request for certiorari must be filed with the Supreme Court on or before February 15, 2014, which is 90 days after the Third Circuit’s order denying rehearing was entered last Friday


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