WHAT NEXT for NEW JERSEY? the Judicial Equivalent of Winning the Lottery
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THE GOLD SHEET Published Weekly by: Nation-Wide Sports Publications 4717 Van Nuys Blvd., Suite 101 Sherman Oaks, CA 91403 (800)798-GOLD (4653) www.goldsheet.com $9 FOR INFO OR TO ORDER CALL 1-800-798-4653 OR VISIT WWW.GOLDSHEET.COM NATION-WIDE SPORTS PUBLICATIONS www.goldsheet.com (800) 798-GOLD (4653) ©2016 VOLUME 60 DECEMBER 1-5, 2016 NO. 14 WHAT NEXT FOR NEW JERSEY? the judicial equivalent of winning the lottery. The pendulum has swung the other by Bruce Marshall, Goldsheet.com Editor way. New Jersey needs only to win once. I believe they are on the path to victory.” Readers of these pages know that we at TGS have been keeping a close The en banc brings at least 12 of the 23 circuit judges to the panel instead of watch on developments in New Jersey regarding the Garden State’s attempt to only three, and is considered a rarity, as it forces a majority of judges to question legalize Las Vegas-style sports betting. That attempt took another detour in a legal decision made by their fellow bench mates and ultimately voids earlier August when the state’s latest bid was rejected for a third time by the U.S. Third interpretations. Thus, while granting the rehearing, the Third Circuit also Circuit Court of Appeals in Philadelphia. The question now is if the latest vacated its August 2015 verdict in favor of the leagues. roadblock is going to completely stall New Jersey’s attempts, or will the Garden State come up with yet another alternative that might change its luck in federal Though legal observers have noted that New Jersey unquestionably scored a court (or, better yet, in Congress)? significant procedural victory in getting the court to order rehearing en banc (because the Third Circuit rarely grants en banc consideration; only one of To refresh memories, a quick review of the New Jersey storyline (extensive 2,402 appeals in 2014 and two of 2,715 appeals in 2013 were considered by the TGS chronicling of the subject can be accessed on our website homepage at court sitting en banc), in the end the status quo remained. The Garden State www.goldsheet.com) might be in order. More than five years ago, Gov. Chris was rejected for a third time, this time by a 9-3 count en banc, in August. Christie and various pols decided that they wanted in on full-scale sports betting action that could help prop up the sagging economy (and casino business) Thus, the Third Circuit would appear to be a permanent blockade for within the state. In 2011, New Jersey voters approved a referendum to allow New Jersey, unless by luck of the draw it could get two of the dissenting sports betting in hopes the state could legitimize what is currently a black justices on a three-person panel. Otherwise, the Third Circuit seems to have market industry, tapping into billions in annual bets to produce a new source of made it clear that it is going to move the goal posts as needed and uphold revenue for the state budget, Atlantic City, and the horse racing industry. The PASPA no matter how convoluted its reasoning might be. State Legislature then passed a law legalizing sports betting, and Christie New Jersey, however, does not seem inclined to let this matter go away. By signed it in January 2012. now, its persistence is well-documented. Another new bill was just introduced Christie went so far as to begin the process of issuing sports gaming licenses in early November by Democratic State Assemblymen Ralph Caputo and John and proclaimed the state would begin to accept bets at its various casinos and Burzichelli, which would effectively repeal all of the state’s sports betting race tracks, but knew he would encounter trouble along the way. Not that laws. Christie wasn’t prepared for his legal challenge to the 1992 Professional and The new bill would remove all restrictions on sports betting, anywhere in the Amateur Sports Protection Act (“PASPA”), when select states (Nevada, state, by anyone, at any time. Officials said the state could then move to Oregon, Delaware, and Montana) were “grandfathered” by federal law to accept reintroduce some restrictions without violating the language of PASPA, sports wagers, though only in Nevada’s case would it include single-game according to the Associated Press. wagering; it was parlay cards only for the other states. (Indian casinos were not included.) To no one’s surprise, the pro sports leagues would block Christie in The bill makes clear that New Jersey is removing every prohibition or U.S. District Court (“Christie I”), and when the US Supreme Court denied to hear regulation of sports betting—something the federal government acknowledged the case, New Jersey appeared to have hit a roadblock. the state has the power to do, supporters told the AP. However, the bill as stands would also mean that children could place bets, as well as allowing Only it hadn’t. In 2014, Christie decided to endorse a new measure introduced anyone to open their own sports book. That’s why the state would likely have by State Senator Raymond Lesniak that would circumvent an apparent loophole to add “limited restrictions” afterward, as envisioned by the judge (Thomas in federal law and allow the state to repeal its long prohibitions on sports Vanaskie) who issued a dissenting opinion that sided with New Jersey. gaming. By removing itself from licensing and regulating the sports wagering activities, New Jersey, according to the Lesniak proposal, would not be in “There have got to be things added to this,” Assemblyman Caputo told the AP. conflict with PASPA, and could allow privately-run sportsbooks to operate in the “A lot brighter people than me have worked on this and they haven’t found the state. ultimate answer yet.” Of course, the sports leagues challenged once more and in the Federal Many observers nonetheless believe this “tactical nuclear” option is unlikely to District Court were awarded an injunction for a second time by the same judge, move the needle, because to have a chance it would need to get a sizable Michael Shipp. Again, as in its original challenge, New Jersey would appeal to majority of New Jersey lawmakers on the same page to pass a full the Third Circuit, and in late August of 2015 was defeated for a second time by repeal...which many Garden State pols might not have the stomach to do. If the the same 2-1 vote in the US Court of Appeals, effectively saying the latest New bill could be advanced, however, it would at least make the sports leagues Jersey attempt (“Christie II”) still ran afoul of PASPA. (The two votes against somewhat nervous. Entirely unregulated sports betting taking place in the New Jersey were cast, rather surprisingly, by judges Marjorie Rendell, whose US is likely worse in their minds than the current environment. That would husband, former Pennsylvania Governor Ed Rendell, has been a big gaming perhaps give New Jersey a chance to negotiate with the leagues on some proponent and brought casino wagering to the Keystone State, and Maryanne tenable path forward for sports betting in the state. Trump Barry, sister of none other than Donald Trump). Game over for New Some suggest the Garden State would be better off with a full repeal, but Jersey? limiting the betting to Internet only. The state would thus have some control Not quite. In October of 2015, Christie and the Garden State would finally, and over potential licensees, because the licensees would have to demonstrate somewhat surprisingly, score their first significant court victory. In a rather they could keep betting within state lines. Which would have the effect of unexpected move, the same United States Court of Appeals for the Third Circuit limiting the field of entities to those with previous experience in online or mobile motioned for an “en banc” rehearing. sports betting. It would also have the effect of putting the Wire Act (used often by the government as precedent for blocking sports gaming, though “This is extraordinarily rare,” Daniel Wallach, a sports and gambling lawyer its intent is to prevent transmission over state lines, not within a state) told the New York Times last year regarding the en banc announcement. “It’s (Continued on Page 7) THE GOLD SHEET PAGE 2 CINCINNATI 22 - Philadelphia 17—Maybe the Bengals ought to hire Reds announcer Marty Brennaman (who knows a thing or two about covering losing NFL ANALYSIS teams) to lend an acerbic perspective to Cincy’s depressing 3-7-1 campaign. KEY TO FOOTBALL ANALYSES With big-play weapons Gio Bernard and A.J. Green hurting, the five-year string Home team in CAPS. *—indicates night game. Statistics after game writeups are listed in the following order: Score of game, first downs, rushing attempts/rushing yards, passes completed/passes attempted/passes of Bengals’ playoff berths is in serious jeopardy. But this is the NFL, where intercepted/passing yards, and fumbles lost. The winner's statistics are listed first. Scores and pointspreads things change week-to-week, and Cincy has had a look at all of its recent non- (in parentheses) are results of most recent meetings in series. P—Pick Game. SR—Series Record (official wins. The Bengal defense is still showing up every week. Don’t want to trust league games only), with team leading in series, number of games won, lost and tied. NL—No Line. TGS Key Philly on the road (where it has lost its last five) or Carson Wentz (just 4 TDP last Releases are underlined and denoted with stars (#).