The state of New Jersey has been trying for some time to be able to have the right to offer legalized sports betting. The state may now have some help in their quest as five additional states have filed an amicus petition within the United States Supreme Court, joining together to be able to enter the sports betting industry.
The five states involved are Arizona, Louisiana, Mississippi, West Virginia and Wisconsin. Each have filed as amici curiae after Ryan Rodenberg, an expert in sports betting law and Florida State associate professor, filed an amicus brief. Reportedly, Wisconsin and West Virginia had been involved with New Jersey in a past appeal attempt within the United States Supreme Court but the other three states have never been involved before, according to Legal Sports Report.
In West Virginia, the filing by the state says that they are concerned that the Third Circuit has set a precedent on how Congress will regulate industries based on the decision of sports betting in New Jersey. The state is not so concerned about states ability to provide sports betting and are taking no position on the wisdom of the state and federal sports wagering laws in regards to the case.
The concern of the states involved is now what Congress regulates but how they regulate. In the filing, it stated that even where Congress has Article I authority to act, they may not force the states to act as a vehicle to implement federal policy and shift to the states political accountability for its actions. The filing says that such coercion is unconstitutional commandeering.
The filing further stated that by maintaining the federal ban on sports betting, the court had usurped the rights of the state. By upholding the Professional and Amateur Sports Protection Act, the court radially expanded the doctrine of federal preemption by holding that Congress may forbid the States from repealing their existing laws without setting forth a federal regulatory or deregulatory scheme.
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