Solicitor General hurts sports betting case; New Jersey looks to use “nuclear option”

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The U.S. Solicitor General recommended that the Supreme Court should not hear New Jersey’s sports betting case.

The Supreme Court in January asked the Solicitor General for a brief on the merits of the two cases — officially, Chris Christie, et al. v. NCAA, et al.; and New Jersey Thoroughbred Horsemen’s Association v. NCAA, et al. — which deal with New Jersey’s challenges to the federal government’s near-total ban on legal sports betting.

In a brief filed Wednesday, government attorneys including acting Solicitor General Jeffrey B. Wall wrote that the case did not deserve the attention of the Supreme Court, as New Jersey had not raised valid constitutional problems with the Professional and Amateur Sports Protection Act of 1992, or PASPA, which barred legal sports betting outside of Nevada and a few other states.

“Obviously, we’re disappointed,” said Dennis Drazin, legal adviser to the racetracks seeking to add sports books. Drazin acknowledged the Supreme Court likely won’t hear the case, although it is still possible the court ignores the Solicitor General’s recommendation.

 

In response, Monmouth Park plans to use the “nuclear option.”

Dennis Drazin, advisor to the New Jersey Thoroughbred Horsemen’s Association, which leases Monmouth Park, said he has already spoken to state legislators and hopes to move forward with a full repeal of PASPA – the 1992 Professional and Amateur Sports Protection Act – in New Jersey, which has been referred to as the “Nuclear Option.”

The state attempted a partial repeal in 2014 based on language in a decision by the Third Circuit Court of Appeals, but it was successfully challenged by “the leagues,’’ a group comprised of every major sports league and the NCAA, which has fought the state’s efforts throughout.

“We’re moving forward with the full repeal,’’ Drazin said. “We’re anticipating Supreme Court won’t take the case, so we’re anticipating trying to get that moved sometime next month.

“We certainly know from all the courts and the briefs from the leagues and the Solicitor General that a full repeal is something that cannot be challenged. Now, the leagues may try to go back to court again, but every court has said if you want to do the full repeal we’re good to go, so that is the plan.

“Gov. (Chris) Christie has been a strong supporters, and would I would anticipate he would support this move also.’’

 

A congressional committee revealed legislation that would legalize and regulate sports betting.

The Gaming Accountability and Modernization Enhancement Act or GAME Act, released Thursday morning by the House Energy and Commerce Committee, aims to remove federal barriers, give oversight authority to the Federal Trade Commission and outline consumer protections that states would need to have in place in order to offer legal sports betting, including fantasy sports.

Section 8 of the GAME Act would repeal the Professional and Amateur Sports Protection Act of 1992 (PASPA), the federal prohibition on state-sponsored sports betting.


William Hill’s NBA Finals MVP odds were released this week and Kevin Durant opened as the favorite.

Golden State’s Kevin Durant opened as the favorite to be named NBA Finals MVP on Wednesday at William Hill, the first Nevada sportsbook ever to offer odds on the Finals MVP.

Durant is listed at 7-5, followed by Warriors point guard Stephen Curry at 8-5.

Cleveland’s LeBron James, a three-time Finals MVP, is next at 2-1.

Warriors forward Draymond Green opened at 17-2, followed by Cavaliers point guard Kyrie Irving (10-1) and Cleveland forward Kevin Love (15-1).