Breaking Down Supreme Court Sports Betting Case Scenarios

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LSR writers Chris Grove, Dustin Gouker and Steve Ruddock do a good job Thursday of breaking down all the possibilities when it comes to the US Supreme Court final decision related to legalized sports betting in the United States.

Their perspective is quite interesting:

Steve: It sounds like you’re saying we could have a few justices in favor of a partial repeal, a few in favor of a full repeal, and a few in favor of the status quo? How would that end up playing out in terms of a decision?

Dustin: I think that’s in the range of possibilities. To wit:

The newest justice — Neil Gorsuch, placed on the court by President Donald Trump — noted at oral argument on Monday that the court tries to rule on statutory grounds rather than constitutionality, when possible.

Justice Stephen Breyer asked Ted Olson, the attorney for NJ, if he would take a win on statutory (not constitutional) grounds. Olson said he would.

The bottom line is SCOTUS will avoid a three-part decision where there are three different camps — ie 1. PASPA is fine 2. PASPA is unconstitutional 3. NJ’s law is fine under PASPA — with no five-person majority. How they get to a final ruling will be behind the scenes over the next few months.

- Gilbert Horowitz,

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