NJ Comes Out Swinging Against Federal Sports Gambling Ban

October 4, 2012 – In The News
Law 360

New Jersey's fight to bring sports gambling to the state, which was recently challenged by the NCAA as well as the NFL and other professional leagues, may find some hope through the use of constitutional arguments, said attorneys who focus their practices on state's gaming industry.

"From New Jersey's point of view, the best thing they can do is frame this as a federal constitutional issue, and that's what they look like they're going to do," said Patrick Madamba of Fox Rothschild.

Barring an injunction, the state could implement the sports wagering regulations it proposed in July, but it would still need Atlantic City casinos or racetracks elsewhere in the state to apply for licenses, according to Madamba. It's highly unlikely that a casino would serve as a guinea pig for sports betting in New Jersey while its legality is in question, he said.

Applying for a license "could have a domino effect on the casino's licenses in other jurisdictions outside of New Jersey," Madamba said.