Should New Jersey take another whack at legalized sports betting, let's learn from Colorado and Washington β states that legalized recreational marijuana and dared the federal government to stop them.
It's an uncertain strategy β with deep-pocketed opposition β but it could be the key to bringing sports books to the Garden State, and a lifeline for our ailing casinos and racetracks.
New Jersey's attempt to play by the feds' rules suffered its final setback this week when the U.S. Supreme Court refused to hear the state's appeal of the 1992 federal law that bans sports wagering in all but four states β Nevada, Delaware, Montana and Oregon. By taking a pass, the court dashed New Jersey's long-running hope of using bookmaking to revive the state's dying casinos and horse-racing industry.
Remember: New Jersey had a chance to be one of those four "grandfathered" states, but failed to act before Congress finalized its ban. Lawmakers have spent years trying to fix that mistake.
The latest drive began in 2011, when voters amended the state constitution and lawmakers passed a bill to allow sports betting, which Gov. Chris Christie signed into law. But the NCAA and pro sports leagues quickly sued to block New Jersey's new law. The Justice Department did, too.
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New Jersey fought back, claiming the federal ban violates states' rights. And twice, federal judges ruled against us. Now that the U.S. Supreme Court has delivered strike three, Christie says it might be time for New Jersey to give up. That's a mistake.
Sen. Raymond Lesniak (D-Union) has a different suggestion: Instead of legalizing sports betting, he introduced a bill to repeal our state laws against it. That would leave licensed private operators β casinos and racetracks β to start taking bets on games, and dare the feds to step in.
It seems far-fetched, but legal scholars say Lesniak's strategy could tilt the fight in New Jersey's favor. And that's where our marijuana-friendly friends out west come in.
The 22 states that have legalized medical marijuana did so to benefit public health. But Washington and Colorado defied the feds over recreational use, even though federal law still lists pot as a dangerous narcotic alongside heroin and cocaine. Today, acceptance of both gambling and marijuana use are spreading, fueled by tolerant legislatures and their hunger for new revenue.
It seems far-fetched, but legal scholars say Lesniak's strategy could tilt the fight in New Jersey's favor.
Here's where they differ: Public opinion says the war on drugs has failed, and the Justice Department isn't eager to launch DEA raids in states where pot has the public's blessing.
Of course, the simplest solution for New Jersey bettors would be for Congress to overturn its gambling ban. Why that won't happen: Well-heeled resistance from big-time sports.
The leagues claim any expansion of sports betting exposes their teams and players to big-money temptations, such as taking bribes or throwing games. But Americans already bet billions on sports, mostly with illegal bookies β where it's unregulated and untaxed. Now it's a crisis because New Jersey wants a piece of the action?
The leagues may sue over Lesniak's bill, too, but they should save their money: Legal sports betting in New Jersey is no threat to their businesses, but it can help keep our casinos and racetracks out of bankruptcy.
So let Lesniak try it his way and force the feds to defend their selective prosecution of states that blaze their own trails. If states are permitted to write their own rules for pot, the same should hold true for betting on sports.
It's no sure thing, but this strategy's odds of success are better than if New Jersey simply gives up the fight.
This is a reprint from nj.com. to view the original, click here.