State Senator Lesniak still pursuing New Jersey Sports Betting

Last month, the US Supreme Court declined to hear New Jersey’s appeal to get sports betting legalized in the Garden State. But State Senator Ray Lesniak refuses to give up, and he is still looking for a way around the federal Professional and Amateur Sports Protection Act (PASPA).

Signed into effect in 1992, the PASPA blocks all but four grandfathered states from “legalizing and licensing” sports bets. New Jersey Gov. Chris Christie authorized sports wagering in 2012 with hopes that his state could win against any litigation in court. However, the NCAA and several pro sports leagues sued to prevent New Jersey from doing so, eventually winning at both the appellate and district court levels.

After the Supreme Court ignored an appeal, Lesniak took action by looking to repeal his state’s prohibition on sports betting. Here’s a closer look at the state senator’s efforts, as described by NJ.com:

Lesniak believes the appeals court, and federal lawyers themselves, gave New Jersey the necessary opening when they rebutted its argument that PASPA violated the 10th Amendment by “commandeering” its Legislature to adopt and enforce a federal policy, namely, opposition to sports betting.

He cited the court’s assertion that it does “not read PASPA to prohibit New Jersey from repealing its ban on sports wagering,” and that each state is free to decide “how much of a law enforcement priority it wants to make of sports gambling, or what the exact contours of the prohibition will be.”

He also pointed to the U.S. solicitor general’s contention that “PASPA does not even obligate New Jersey to leave in place the state-law prohibitions against sports gambling that it had chosen to adopt prior to PASPA’s enactment. To the contrary, New Jersey is free to repeal those prohibitions in whole or in part.”

At this point, Christie can either sign Lesniak’s bill or simply let it become law by not vetoing the legislation. Assuming he does either, which is up in the air at this point, it would clear the way for Monmouth Park to begin taking sports wagers. Lesniak has previously said, “I plan on placing my first bet at Monmouth racetrack on Sept. 8 for the Giants to beat the spread against the Lions on ‘Monday Night Football.”

As for whether this vision becomes a reality remains to be seen. However, the state senator is confident that the federal government will refrain from attacking his sports betting legalization bill if it goes through. Lesniak’s reasoning is that the US government left Colorado and Washington alone when they legalized marijuana.

He also sees hypocrisy with how New Jersey has been treated in their quest for legal sports betting. Lesniak believes that the only difference between his efforts and Colorado/Washington’s marijuana legislation is deep-pocketed professional sports leagues suing New Jersey.