New Jersey's new law which allows intrastate single game sports betting has recently raised certain legal arguments caused by the major sports leagues' attempts to sue the state over several issues.
The whole matter warmed up this week as New Jersey's legal representatives presented interesting arguments:
* There is no standing for NFL, NBA, NHL, MLB, and the NCAA to sue New Jersey for offering sports betting, currently banned by the PASPA, because they cannot prove it will cause them any harm.
* It is unlikely that an estimated market at around $380 billion annually will be further placed at risk by New Jersey operations because the leagues have managed to maintain their integrity.
* The sports leagues have enjoyed significant growth over the last twenty years, much of it thanks to the sports betting industry, so the temptation to fix games has been already present. Threats of any fixing going on could be expected from the leagues' own players, officials and employees who were involved in it and certainly not from the New Jersey regulators.
* The leagues' argument that the federal Professional and Amateur Sports Protection Act (PASPA) has a specific clause allowing sports leagues to sue is challenged on a constitutional point. New Jersey's lawyers argue that the insertion of such a clause implies that federal lawmakers overreached their authority and usurped the constitutional functions of the judiciary, because granting such standing to sue is a power restricted to the judiciary by the constitution.
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