The state has until the middle of February to appeal the question to the Supreme Court after he signed the bill into law last year following a referendum, according to the report.
The argument centers on the Professional and
Amateur Sports Protection Act of 1992, which the state has labeled as
unconstitutional because it limits sports betting to four states, according to
The state says the act violates the 10th amendment by forcing states to ban sports betting. The amendment allows states to regulate when the federal government doesn’t.
They also say the act “commandeers” the State Legislature, a claim the U.S 3rd Circuit Court of Appeals has already denied, according to the report. In a 2-1 vote in June, the court said the federal government is not commandeering the state because it is not requiring it to do anything.
A petition for a rehearing was denied, and it isn’t likely the Supreme Court will hear the case, according to the report.
The NCAA and the professional sports leagues oppose sports gambling, saying it would irreparably harm athletic competition in America.
The four states in which sports gambling is currently legal are Delaware, Montana, Nevada and Oregon.