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The sports leagues suing to try to stop New Jersey from implementing sports betting at state racetracks and casinos should have their federal lawsuit dismissed because they lack legal standing, state Attorney General Jeffrey Chiesa asserted Friday.
The National Football League — and its counterparts in pro basketball, football, and hockey as well as the NCAA — sued the state last month, citing a 20-year-old federal law that restricts such betting to Nevada and in limited form to Delaware, Montana, and Oregon.
Chiesa referred to various legal precedents suggesting that the leagues, to prove standing in the case, would have to show that they will suffer “a concrete and imminent ‘injury-of-fact’” that is directly traceable to the state’s actions.
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That standard cannot be met, Chiesa argues, in part because the sports leagues have thrived in spite of illegal betting levels that have grown to an estimated $380 billion annually. Chiesa added that there is “no reason to believe that sports wagering in New Jersey will cause harm to the league ever, let alone the imminent, ‘certainly impending harm’” that must be shown to obtain injunctive relief.
The allegation that the arrival of sports betting in New Jersey will increase the likelihood of game-fixing also fails, Chiesa asserts, because such a scandal would be caused not by a bookmaker but by the Leagues’ ‘own players and employees.’“There is no federal jurisdiction over a suit to enjoin such self-inflicted wounds,” Chiesa wrote.
The proper source of any claim against the New Jersey betting, Chiesa added, is the executive branch of government. The state Division of Gaming Enforcement’s sports-betting regulations are expected to be finalized as soon as Oct. 1, an agency spokeswoman said last week. But Chiesa has informed the court that no license will be granted before Dec. 1, and that the court and the plaintiffs would receive a 30-day notice of any such plans.
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