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ARTICLE · 14 FEBRUARY 2013

NJ Responds To DOJ's Position On PASPA

Duane Morris LLP
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Filing its final brief before the scheduled February 14 oral argument, tonight New Jersey reiterated its argument that the Professional and Amateur Sports Protection Act ("PASPA") is unconstitutional.

United StatesMedia, Telecoms, IT, Entertainment
Duane Morris
Duane Morris
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Filing its final brief before the scheduled February 14 oral argument, tonight New Jersey reiterated its argument that the Professional and Amateur Sports Protection Act ("PASPA") is unconstitutional.  A finding that PASPA is unconstitutional would open the door to New Jersey's implementation of sports betting.

The state begins by discussing a letter issued by the DOJ at the time of PASPA's enactment, where the DOJ stated that PASPA posed "serious federalism issues."  The state argues that nothing has changed and that the DOJ's initial concerns were correct because PASPA compels the states to prohibit sports wagering, thus unconstitutionally commandeering the state's legislative prerogatives.

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