As expected, the entire 3rd Circuit US Court of Appeals voided the 2014 NJ statute in a 10-2 decision, allowing sports gambling at casinos and racetracks.
The court found the repeal of state statute repealing sports gambling by casinos and racetracks did still regulate gambling in the state. Specifically citing this segment of SB2460:
[A]ny rules and regulations that may
require or authorize any State agency to
license, authorize, permit or otherwise
take action to allow any person to engage
in the placement or acceptance of any
wager on any professional, collegiate, or
amateur sport contest or athletic event, or
that prohibit participation in or operation
of a pool that accepts such wagers, are
repealed to the extent they apply or may be construed to apply at a casino or
gambling house operating in this State in
Atlantic City or a running or harness
horse racetrack in this State, to the
placement and acceptance of wagers on
professional, collegiate, or amateur sport
contests or athletic events . . . .
Further more to quote from the decision: N.J. Stat. Ann. § 5:12A-7. The 2014 Law specifically
prohibited wagering on New Jersey college teams’
competitions and on any collegiate competition occurring in
New Jersey, and it limited sports wagering to “persons 21
years of age or older situated at such location[s],” namely
casinos and racetracks.
In addition, the court found the PASPA didn't violate the constitution with regards to anti-commandeering act; Federal government didn't interfere with the state legislative procedure.
No doubt this case will go to the Supreme Court which will refuse to hear the case. Hence, unless the state decides to completely repeal its laws regarding gambling and allow the corner bookie to accept wagers and set their own rules along with everyone else which is unlikely, the only way gambling on sports will legally take place in New Jersey is if PASPA is repealed or changed. This eventually will happen.
The question is will it be too late for racing or New Jersey casinos?