Third Circuit Deals Setback to New Jersey Sports Betting Effort

Published On September 18, 2013 | By Dan Sachs | Litigation
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On September 17, a panel of the federal Court of Appeals for the Third Circuit upheld a lower court’s decision invalidating a 2012 New Jersey statute that would allow sports betting at licensed casinos and racetracks.  New Jersey had argued that the Professional and Amateur Sports Betting Act of 1992 (PASPA), which currently prohibits any state but Nevada from permitting single-game sports betting, was outside Congress’s powers under the Commerce Clause and impermissibly violated Tenth Amendment federalism principles.  In addition, the state argued that the plaintiffs in the case (the NCAA, NBA, NFL, NHL, and MLB) lacked standing to challenge the New Jersey law.  By a 2-1 decision, the panel rejected New Jersey’s arguments, while the dissenting judge would have struck down PASPA on federalism grounds.

About The Author

Dan Sachs, ZwillGen’s inaugural Fellow, assists ZwillGen attorneys on a broad range of matters, including litigation, investigations, product counseling, regulatory compliance, and policy. Prior to joining the firm, Dan worked at Facebook, where he assisted the Chief Privacy Officer for Policy in responding to federal, state, and international policy developments, engaging with regulators and stakeholders, and advising business units on privacy issues. During law school, Dan was a member of the George Washington Law Review and served as a research assistant to Professor Jeffrey Rosen, focusing on U.S. and international consumer privacy and surveillance issues. He was a legal intern with ZwillGen in the summer of 2012. Dan also worked as a legal intern with the U.S. Attorney’s Office for the District of Columbia.