The U.S. Supreme Court Is Set to Decide on Sports Gambling. Is the NFL Ready for the Result?



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Having taught sports law for many years, I am well aware of the rarity of sports-related cases that reach the United States Supreme Court, a number that can be counted on one hand. Well, we can add one to this short list, as this Monday the Court will hear oral arguments in Christie v. NCAA, a final attempt by New Jersey and its outgoing governor, Chris Christie, to overturn lower court rulings and legalize sports betting in the state. The Court will weigh the constitutionality of the Professional and Amateur Sports Protection Act (PASPA), a 1992 statute that bars states from implementing sports gambling, with exceptions for Nevada and a couple of others who had pre-existing sports betting and were allowed to continue.

New Jersey, seeing an opportunity to create revenue and juice flagging casino activity in Atlantic City, has waged a years-long battle with the sports leagues and the NCAA to have PASPA declared unconstitutional. And when the United States Solicitor General recommended that the Supreme Court not take the case in May, most legal experts—including this one—considered it a foregone conclusion that Christie had run out of legal options. And then against all odds, for reasons known only to the justices, they chose to hear Christie v. NCAA, a case that could have dramatic effects on the NFL and other sports leagues, as well collegiate athletics.

The Court could also invoke the extremely unlikely "nuclear option," banning gambling everywhere, including Nevada, in order to treat all the states equally. That result would send shock waves through the gambling world and halls of Congress.

As we know, the recent world of the NFL has involved a lot of lawyers. However, none of those cases has reached this level—arguing in front of the highest court in the land. Get your popcorn ready, legal version.