New Jersey Goes To Supreme Court To Make Sports Betting Happen
The state of New Jersey is off again to Washington to fight for what it sees as its right to legalize sports betting. It was revealed earlier this month that lawmakers in the Garden State were prepared to take this case to the Supreme Court, but two separate petitions filed last week signify that they definitely mean business.
One of the petitions was filed by the state of New Jersey itself and the other by the New Jersey Thoroughbred Horsemen’s Association, who are trying to get sports books set up throughout the state's racetracks. Both petitions basically say the same thing, that New Jersey's Tenth Amendment rights for the states to make their own laws about anything not in the Constitution are being violated.
According to former Assistant US Attorney General Ted Olson, who is representing New Jersey in the state's own petition to the Supreme Court, the Tenth Amendment Violation route is the best way to go in this case. New Jersey has been knocked back repeatedly before, but has not directly gone for the amendment rights violation argument before, until now. Olsen, who wrote the latest petition, says in it, “This federal takeover of New Jersey’s legislative apparatus is dramatic, unprecedented, and in direct conflict with this Court’s Tenth Amendment jurisprudence barring Congress from controlling how the States regulate private parties. Never before has congressional power been construed to allow the federal government to dictate whether…a State may repeal…its own state-law prohibitions on private conduct.”