Delaware To Appeal Sports Betting To SCOTUS

Filed in National by on January 15, 2010

In what I would call a surprise decision, the Markell administration has announced that it plans to appeal the sports betting decision to the U.S. Supreme Court.

Gov. Jack Markell says Delaware will appeal restrictions on it sports betting lottery to the U.S. Supreme Court.

Markell and his aides said Thursday that the state expects to file its appeal by the end of the month.

The earlier court decision blocked Delaware from operating single game bets, which is thought to bring in much more revenue. Delaware lost pretty decisively in the last court decision, I wonder what arguments they are planning to present in the appeal. Assuming SCOTUS takes the case (a big if), this case will be very closely watched. Think of the case as Delaware v. the NFL.

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Comments (2)

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  1. Another Mike says:

    If the casinos are bankrolling the appeal, I’m fine with this.

  2. anonie says:

    Two of the judges were from Pennsylvania and the other from New Jersey. Those states have a vested interest in denying Delaware comprehensive sports betting. That’s not a basis for appeal, but it is worth taking it to the next level where a more impartial (supposedly) court will hear the arguments.

    As far as I can tell, the case is about two things, single bets (NFL) and allowing wagers on the other professional sports leagues. It is not just about the NFL.

    So will the conservative SC side with the powerful business interests of the major sports leagues over states rights? That’s a dicey question for Roberts, who rarely if ever rules against business interests and uses his ideological biases to determine his stance on federal versus states issues. That does not bode well for Delaware.

    My bet is the SC doesn’t hear the case and let’s the lower court rulng stand without comment validating the ruling that the original agreement only allowed for a lottery. But if the SC decides to hear the case, you can assume they have dismissed that argument, which opens the door for a reversal.

    But clearly the Makell Administration is “ALL IN” on gambling. Whether that is the correct way to balance the state’s budget and financial obligations is another matter.