If the Supreme Court rules in New Jersey's favor in Christie v. National Collegiate Athletic Association, states around the country will want to capitalize on opportunities presented by the widespread public interest in sports betting. If this occurs, a number of businesses and other stakeholders such as professional sports leagues, colleges and universities will be facing complex legal, regulatory and reputational risks. At oral argument on December 4. 2017, it was clear that several members of the Court were skeptical of arguments seeking to defend PASPA on preemption grounds. Justice Breyer led the charge, with support from several other justices, including Justice Kennedy, who invoked our system of federalism in framing the issue. The Tenth Amendment will likely win the day, and that will open the doors to legislation in states that recognize, like New Jersey, the revenue opportunities presented by appropriately regulated sports betting.
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