The United States Court of Appeals for the Third Circuit has denied New Jersey's petition to have the entire court rehear the case that upheld the constitutionality of PASPA and enjoined New Jersey from implementing sports betting.
Circuit courts decide appeals in panels, generally of three judges. Under the Federal Rules of Appellate Procedure, a party that loses an appeal has the right to ask that the case be heard again by all of the judges assigned to the court. Appellate courts do not often grant this relief, however, it was an avenue for New Jersey to continue its appeal without having to seek relief from the United States Supreme Court. Now that the petition has been denied, New Jersey's only other avenue of appeal is to the United States Supreme Court.
The full text of the order is as follows:
The petition for rehearing filed by the Governor of the State of New Jersey, David L. Rebuck, Frank Zanzuccki, New Jersey Thoroughbred Horsemen's Association, Inc., and Sheila Y. Oliver and Stephen M. Sweeney, appellants in the above-entitled cases having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the judges of the circuit in regular service not having voted for rehearing, the petitions for rehearing by the panel and the Court en banc, is denied.
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