Signaling its intent to exhaust all legal options, New Jersey is asking a federal appeals court for a second hearing, which could include all the court’s active judges, to reconsider a ruling in September rejecting the state’s law legalizing sports betting. Ted Olson, the attorney who won the U.S. Supreme Court case that allowed George W. Bush to become President, waited until the filing deadline late Friday to request an en banc hearing  before the 3rd U.S. Circuit Court of Appeals in Philadelphia, Pennsylvania. “This appeal involves a question of exceptional importance,” super-lawyer Olson wrote in a 15-page petition.
Congress “cannot commandeer a state’s authority by telling it how to regulate its citizens,” Olson said.
In a 2-1 decision on September 17 , the 3rd U.S. Circuit Court of Appeals ruled New Jersey’s sports-betting law violates the Professional and Amateur Sports Protection Act (PASPA), which Congress passed in 1992.
Despite PASPA, sports wagering in the United States has mushroomed into a $500bn industry with “nearly all of it in the illegal and unregulated black market,” Olson said. If the en banc appeal is denied, New Jersey can still appeal to the U.S. Supreme Court. “The bottom line — this landmark case and this important issue aren’t going away anytime soon,” said Daniel L. Wallach, an attorney with the Fort Lauderdale, Florida, firm of Becker & Poliakoff. Wallach said he thinks the 3rd U.S. Circuit Court of Appeals will grant the en banc (a French legal term meaning on a bench) even though an overwhelming majority of such appeals are summarily dismissed.
“The issues are clearly of exceptional importance, and there is a powerful dissenting opinion,” Wallach said
Wallach also predicted the court will take the unusual step of asking the U.S. Department of Justice, the National Collegiate Athletic Association, and the four U.S. professional sports leagues  to respond to New Jersey’s en banc appeal before voting whether or not to grant another hearing.
“We could be looking at a rehearing in the spring [of 2014],” Wallach said.
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© 2013 Gambling Compliance Ltd