The Legal Side: New Jersey Sports Betting Case Gets Its Day In Court

Written By Steve Ruddock on December 6, 2017 - Last Updated on June 27, 2018

Oral arguments in New Jersey’s sports betting case got underway this week, which meant the collective eyes of the gaming industry focused almost exclusively on the Supreme Court.

According to attendees, New Jersey got the better of the opposing professional sports leagues during the hour-long session. The state is now seen as a clear favorite to win the case.

What that win will look like — a partial or full repeal of PASPA are both possibilities — is anyone’s guess.

Meanwhile, Ohio is making a late push to legalize daily fantasy sports. A DFS bill is now just a governor’s signature away from becoming law.

Here is DFS Report’s monthly look at the latest DFS and sports betting legislative efforts across the United States.

DFS legislation update

Ohio is on deck

After a bill passed its House of Representatives back in September, Ohio is now on the cusp of legalizing daily fantasy sports. According to Dustin Gouker, the Ohio Senate passed the bill and sent it to Governor John Kasich’s desk.

Ohio would become the 19th state to legalize DFS (and one of the largest) if Kasich signs the measure.

The DFS bill tally

The list of states that have passed DFS legislation stands at 18:

  1. Arkansas
  2. Connecticut (pending tribal approval)
  3. Colorado
  4. Delaware
  5. Indiana
  6. Kansas
  7. Maine
  8. Maryland
  9. Massachusetts
  10. Mississippi
  11. Missouri
  12. New Hampshire
  13. New Jersey
  14. New York
  15. Pennsylvania
  16. Tennessee
  17. Vermont
  18. Virginia
2017 DFS Legislation Tracker
State Bill introduced Legislation passed DFS legalized pre-2017
Alabama X
Arkansas X X
Colorado X
Connecticut X X
Delaware X X
Florida X
Georgia X
Hawaii X
Illinois X
Indiana X
Iowa X
Kansas X
Kentucky X
Maine X X
Maryland X
Massachusetts X
Michigan X
Minnesota X
Mississippi X
Missouri X
Montana X
Nebraska X
New Hampshire X X
New Jersey X X
New Mexico
New York X
North Carolina X
North Dakota
Ohio X
Oregon X
Pennsylvania X X
Rhode Island X
South Carolina
South Dakota
Tennessee X
Texas X
Vermont X X
Virginia X
Washington X
West Virginia
Wisconsin X
Total 26 8 10


Legal Sports Report’s legislative tracker has information and up-to-the-minute updates on all DFS legislation.

Sports betting legalization update

Oral arguments favor New Jersey

By all accounts, Monday’s oral arguments went swimmingly for New Jersey.

Timeline for a decision

The court could render its opinion as soon as January, but the decision could also drag on into June. Here’s a look at the possible dates for a decision based on when the court is scheduled to release decisions:

  • Jan. 22
  • March 5
  • April 2, 30
  • May 14, 21, 29
  • June 4, 11, 18, 29

New push at the federal level

Soon after oral arguments wrapped up, New Jersey Congressman Frank Pallone introduced the GAME Act (Gaming Accountability and Modernization Enhancement Act) which allows states to legalize sports betting.

In addition to Pallone’s advocacy, Congresswoman Dina Titus (D-NV) used Monday’s oral arguments as a call to action, calling on Congress to hold hearings on the matter in an official statement.

Is Massachusetts eyeing sports betting?

With New Jersey’s outlook improving, Massachusetts is ready to take a look at sports betting, beginning with a quick update during a Massachusetts Gaming Commission meeting on Thursday, Dec. 7.

Sports betting bill tally

The list of states that have passed sports betting legislation stands at four:

  1. Connecticut
  2. Mississippi
  3. New Jersey
  4. Pennsylvania
Sports Betting Legislation Tracker
State Bill introduced Legislation passed PASPA Exemption
California X
Connecticut X X
Delaware Parlay betting is legal
Hawaii X
Kentucky X
Maryland X
Michigan X
Mississippi X X
Montana Sports pools are legal
Nevada Sports betting is legal
New Hampshire
New Jersey X X
New Mexico
New York X
North Carolina
North Dakota
Oklahoma X
Oregon Parlay cards are legal
Pennsylvania X X
Rhode Island
South Carolina X
South Dakota
West Virginia X
Total 13 4 4


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Steve Ruddock

Steve Ruddock is a veteran of the gambling industry, having been a longtime contributor to numerous publications both online and off centered on the regulated US online gambling industry. Steve is based in Massachusetts.

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