Articles

New Jersey doubles down on sports betting

March 10, 2016 | By JONATHAN WOOD

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has since been released as a podcast and is available here. … ...

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Weekly litigation report — November 19, 2016

November 19, 2016 | By JAMES BURLING

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay Area v. City of San Ramon. This is the case where San Ramon has put all undeveloped properties into a “special district” so it can  ...

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Supreme Court to hear constitutional challenge to federal sports betting ban

June 27, 2017 | By JONATHAN WOOD

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined by Cato and CEI, filed an amicus brief supporting cert. The Professional and Amateur Sports Protection Act, which i ...

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Weekly litigation update — July 1, 2017

July 01, 2017 | By JAMES BURLING

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in the state of Florida Cap and Trade tax here to stay Supreme Court goes to bat twice for religious liberty Discrimination case turned back PLF … ...

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New Jersey goes all in on the Constitution in sports betting case

August 31, 2017 | By JONATHAN WOOD

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To pre ...

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Weekly litigation report — September 2, 2017

September 02, 2017 | By JAMES BURLING

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss? … ...

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Supreme Court places big bet on federalism

May 14, 2018 | By JONATHAN WOOD

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports gambling laws. The opinion by Justice Alito did not disappoint. Here’s the key paragraph: The PASPA provision at issue here—prohibiting state a ...