Sports betting backers not feeling as confident after Wednesday’s appeals court hearing

New Jersey made what could be a last-ditch effort to get sports betting legalized in the state on Wednesday, arguing its case in front of a 12-judge panel in the U.S. Third Circuit Court of Appeals in Philadelphia.

Hopes were high heading into the hearing, but notably less so after judges spent the better part of the hour-plus grilling the state’s attorneys.

At issue is whether New Jersey’s Sports Wagering Law violates the Professional and Amateur Sports Protection Act of 1992, a federal law that prohibits state-sponsored betting. PASPA, as it’s commonly known, is supported by the NCAA and the four major North American professional sports leagues.

The two sides have been engaged in an ongoing legal battle since New Jersey governor Chris Christie first signed a sports betting bill into law in 2012. PASPA backers have won each court decision thus far, but legal experts believed New Jersey had its best shot when Wednesday’s en banc hearing request was granted in October.

The state may still get its way—a decision in the case isn’t expected for at least a couple of months—but the tone and content of the judges’ questioning fanned the flames of optimism.

A quick rundown of Wednesday’s news coverage:

  • New Jersey state senator and sports betting supporter Raymond Lesniak told NJBiz.com, “I think it’s going to be a squeaker.” Contrast that with his pre-hearing sentiment via ESPN, “I expect to win.”
  • Gaming attorney Daniel Wallach told NJ.com, “You could just see it on the faces of some of the judges. They were not buying what the state was selling.”
  • Sports Illustrated has a thorough and relatively easy-to-digest breakdown of the key legal arguments involved on either side.

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LOOK WHO’S TALKING

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