At a time when the national mood regarding gambling on sports seems to be changing dramatically, a federal court will consider once again whether a piece of federal legislation from the 1990s aimed at blocking the expansion of sports betting should be scrapped.
Via David Purdum of ESPN.com, the U.S. Court of Appeals for the Third Circuit in New Jersey will on Wednesday reconsider a case that New Jersey previously lost and the NFL and the other major sports leagues won.
The process is called a rehearing en banc, fancy talk for a rehearing before the entire, 24-judge court. It’s a rare step for a federal appeals court to follow a standard three-judge decision with analysis from the entire court, and it could be an indication that New Jersey will win the case.
If New Jersey wins the case, the NFL and the other major sports leagues undoubtedly will appeal the case to the U.S. Supreme Court. The Supreme Court would first have to agree to take up the case. If the Supreme Court takes up the case, there’s a chance that all states will acquire the ability to open the books on legalized bookmaking.
The proliferation of daily fantasy sports for money, which the NFL has embraced, could make it easier for the federal government to decide that, when it comes to all forms of gambling, it’s up to the 50 states to decide whether to legalize it. And that could force the NFL to finally deal with something it has resisted for decades.