State files appeal with Third Circuit US Court of Appeals after sports leagues and DoJ victory
New Jersey has been dealt a blow in its bid to legalise sports betting after federal judge Michael Shipp granted a permanent injunction against the state.
The state has already filed an appeal with the Third Circuit US Court of Appeals as part of a case which could yet go all the way to the Supreme Court as Governor Chris Christie seeks to challenge the Paspa federal law prohibiting all states from offering sports betting except Nevada, Delaware, Montana and Oregon.
The permanence of yesterday’s injunction is due to its enactment of a sports wagering law last year, in violation of federal law, although no charges will be made against the defendants representing New Jersey.
In an opinion, Shipp wrote: “Although some of the questions raised in this case are novel, judicial intervention is generally unwarranted no matter how unwise a court considers a policy decision of the legislative branch. As such, to the extent the people of New Jersey disagree with PASPA, their remedy is not through passage of a state law or through the judiciary, but through the repeal or amendment of Paspa in Congress.”
In January, the US Department of Justice joined the lawsuit filed by the National Collegiate Athletic Association along with the National Basketball Association, the Major League Baseball, the National Football League and the National Hockey League.
Last month, two New Jersey Congressmen introduced sports betting bills in Congress. Frank Pallone’s bill would exclude New Jersey from Paspa, while Frank LoBiondo’s bill would give all states until 1 January 2016 to legalise sports betting.