In their response, the organisations claim that twenty two years ago when the PASPA was introduced, New Jersey passed up the opportunity to be grandfathered in as an exception, and cannot now seek to reverse its choice.
An intrastate sports betting bill was passed by the New Jersey state Legislature and signed into law by Governor Chris Christie, effectively challenging the PASPA. Before the law could be implemented the national sports leagues launched litigation blocking the law, with the US Department of Justice joining the leagues later in opposing the New Jersey initiative.
After losing two court actions and investing around US$3 million in legal expenses, New Jersey has now appealed to the US Supreme Court on grounds that the PASPA is constitutionally discriminatory and prejudices states’ rights, and is currently waiting to hear whether its case will be heard.