New Jersey’s sports betting law gets overruled; NBA won’t lead push for legal sports betting

Twice weekly, we’ll comb through as many articles, tweets and podcasts as we can find related to the world of sports betting and daily fantasy sports, and publish the good stuff here. 

Stumble upon something you think we should include? Email info@bettingtalk.com.

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New Jerseys’ attempt to legalize sports betting was shut down by the US. Third Circuit Court of a Appeals panel this morning.

The panel voted 10 to 2 to uphold a ruling from the same court that declared the state’s amended law in 2014 was a “de facto authorization” of sports betting at those sites even though that law stated that the state would not be involved in regulating the gambling. Federal law prohibits the state from regulating it.

The court found that while it will not specifically define what sort of steps the state could have taken on a change in gambling regulations, “It is sufficient to conclude that the 2014 law overstepped [the line].”

The setback could bring an end to the state’s years of sports betting efforts. But NBA Commissioner Adam Silver has offered support for federal oversight that would allow the 46 states to join Nevada and three others in offering some form of sports betting.


Before the decision was made against New Jersey’s law, NBA spokesman Michael Bass said the league while the league is keeping its pro-sports betting legalization stance, it won’t become directly involved in pushing the effort.

The comments indicate sports betting proponents might need to lean on someone other than their most high-profile champion to spearhead the literal action of amending or repealing theProfessional and Amateur Sports Protection Act, the 1992 federal framework outlawing all forms of sports betting in all but four states.

They also create a delicate distinction between the NBA speaking publicly about the need for updated federal legislation and not advocating for it with federal lawmakers.


A newspaper columnist in South Dakota suggests that his state will follow New York in legalizing daily fantasy sports — and he isn’t happy about it.

Just as video lottery unleashed in South Dakota ruin for so many who couldn’t control themselves, with its easy access in every community and unlimited daily play and back-door parking, so too will there be wreckage from fantasy sports betting.


A Legal Sports Report article points out unintended consequences of New York’s recently passed DFS legislation.

The law just signed by Gov. Andrew Cuomo allows all fantasy sports operators to apply for a license in the state.

However, it also makes provisions for operators to serve the market almost immediately via atemporary permit. Here’s the relevant section of the law:

Any operator that was offering contests to persons located in New York state prior to the tenth of November, two thousand fifteen, may continue to offer contests to persons located in New York state until such operator’s application for registration has been approved or denied in accordance with section fourteen hundred three of this article, provided that such operator receives a temporary permit pursuant to subdivision two of this section and files an application for registration with the commission within ninety days of the promulgation of regulations to effectuate this article.

That November date is when NY Attorney General Eric Schneiderman issued cease-and-desist orders to FanDuel and DraftKings.


Another New York columnist suggests that the recent DFS legislation signed by Governor Andrew Cuomo has paved the way for legal sports betting in the state.

But defining lottery games, daily fantasy sports and horse racing as legal forms of entertainment while prohibiting bets on the Cowboys-Steelers game as a threat to civil society is so blatantly hypocritical that it’s not sustainable.

It won’t happen overnight, but the real takeaway from the state’s thumbs-up to daily fantasy sports should be that we’ve taken a step closer to fully legalized sports wagering.


Arrests of nearly four dozen people last week serve as a reminder that the mob is still at work and still involved in illegal sports betting.

“Tony Soprano may have gone off the air, but the mob never did,” said Lee Seglem, acting executive director of the State Commission of Investigation in New Jersey. “In the real world these guys are still active and, as this indictment shows, they haven’t faded away—because there’s a lot of money to be made.”


The Las Vegas Review-Journal’s Matt Youmans makes a case for betting on NFL preseason games.

“Tony Soprano may have gone off the air, but the mob never did,” said Lee Seglem, acting executive director of the State Commission of Investigation in New Jersey. “In the real world these guys are still active and, as this indictment shows, they haven’t faded away—because there’s a lot of money to be made.”