Though federal sports betting legislation is on the horizon, five other U.S. states have joined New Jersey in an attempt to get the U.S. Supreme Court to review the federal law that restricts the activity.
According to Legal Sports Report, the Attorney Generals in West Virginia, Arizona, Louisiana, Mississippi and Wisconsin have joined in by filing an amicus brief.
The question the states want the Supreme Court to consider is as follows: “Does PASPA’s prohibition on states repealing existing laws banning sports wagering commandeer the regulatory authority of the states, in violation of the Tenth Amendment?”
New Jersey asked the Supreme Court to hear its case in 2014, but the request was denied. After another lower court defeat this fall, the Garden State again asked the Supreme Court to look into the issue.
Lawmakers in New Jersey have tried to circumvent the Professional and Amateur Sports Protection Act of 1992 by passing their own legislation, but the major sports leagues and the NCAA sued to block its implementation.
Pennsylvania is not among the states in the amicus brief, though its legislature did indicate it wants sports books should federal law change.
The sports betting black market has been estimated at $150 billion by the American Gaming Association. The group is trying to get federal legislation over a patchwork of state sports betting laws. Forty states now have casino gaming.
Despite a growing number of states expressing dissatisfaction with PASPA, the more likely scenario than the Supreme Court hearing the case is federal legislation being enacted to allow states to have sports books if they want them.
Long before Trump’s win, the AGA has said that the next president will have a bill on their desk.