• About Us / Contact
  • Responsible Gambling
This site contains commercial content
SportsHandle
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Massachusetts
    • Michigan
    • Mississippi
    • New Jersey
    • New Mexico
    • New York
    • Ohio
    • Oregon
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Missouri
    • North Carolina
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbook Apps
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Sports Betting Revenue Tracker
    • Sports Betting Podcasts
    • Partnership Tracker
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
  • News
No Result
View All Result
SportsHandle
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Massachusetts
    • Michigan
    • Mississippi
    • New Jersey
    • New Mexico
    • New York
    • Ohio
    • Oregon
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Missouri
    • North Carolina
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbook Apps
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Sports Betting Revenue Tracker
    • Sports Betting Podcasts
    • Partnership Tracker
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
  • News
No Result
View All Result
SportsHandle
No Result
View All Result

How Much Will Trump-Appointed Lawyer Impact Supreme Court Sports Betting Case?

Brett Smiley by Brett Smiley
November 21, 2017
in Regulation
President Donald Trump-Appointed Solicitor General Noel Francisco Supports the Leagues and PASPA In Sports Betting Case
Share on FacebookShare on Twitter

A popular notion when Donald Trump won the presidency last November was that he might help lift the ban on sports betting outside Nevada. While it’s possible the former casino magnate nudges Congress in that direction in the future, the Solicitor General (SG) is largely independent and often referred to as the Supreme Court’s “Tenth Justice.”

In the matter of Christie v NCAA (aka the “Supreme Court Betting Case”), Trump’s appointee for Solicitor General, attorney Noel Francisco, acts as an advocate for the government and its laws. And here the Solicitor General has filed a briefing defending the 1992 federal law banning sports betting outside Nevada (the Professional and Amateur Sports Protection Act, or PASPA). Francisco or another member of the Solicitor General’s office will also argue in the Supreme Court (SCOTUS), on December 4, that PASPA is constitutional — same as the NCAA and professional sports leagues.  

So, Trump’s guy is in effect fighting to maintain the ban against New Jersey (on the docket as Christie), but there’s a bit more to it and how the SG will impact the case.

President Donald Trump-Appointed Solicitor General Noel Francisco Supports the Leagues and PASPA In Sports Betting Case

While the SG is a member of the executive branch and must consider the legal interests of the president and Attorney General, the SG is also an officer of the court tasked with defending laws passed by Congress (unless they are simply indefensible). And that’s what the SG is doing here with PASPA.

Regarding the SG’s decision to step into this case, legal scholar and sports law expert John Holden explained to SportsHandle:

“I think it would have been more telling if the Solicitor General did not get involved. That would make a real statement. Any time the federal government comes out and essentially says, ‘No, we’re not going to defend our own statute,’ that sends a message. So, to have the Solicitor General come out and say, ‘We believe PASPA’s a constitutional exercise. What we’ve done is perfectly valid,’ that’s not unexpected. If they did not come out and say that, that would be the surprise.”

U.S. Solicitor General Noel Francisco Files Supreme Court Brief Backing the Sports Leagues and PASPA, the Federal Law That Bans Sports Betting Outside Nevada
Noel Francisco

Because the Solicitor General is supporting the leagues in this case, the SG’s allotted 10 minutes for oral argument will come from the leagues’ side, reducing league attorney Paul Clement’s time to 20 minutes. New Jersey’s attorney Ted Olson and co-petitioner’s attorney Ronald Riccio will go first during oral argument for 30 minutes (with a possibility of “reserving” some time and speak at the end).

Interestingly, both Olson and Clement are former Solicitor Generals under George W. Bush; Olson served from June 2001 to July 2004 and Clement immediately followed until June 2008. So this is a legal match in which three attorneys arguing have held the office.

New Jersey Hits Back Against the Leagues In Supreme Court Sports Betting Case (Christie v NCAA) In Last Chance to Frame Arguments Before Oral Arguments
Ted Olson

There’s actually about 20 attorneys that comprise the Solicitor General’s office and they have three arguments in two days from December 4 to 5.  What’s the likelihood that Francisco himself argues?

“There’s a number of highly qualified lawyers in this office that I think may actually be more familiar with the case than Francisco,” Holden said.

If Francisco himself appears — and we may not know until late in the week or until that very day — it may signal something bigger from the executive branch regarding the underlying issue with PASPA — the federal government’s versus states’ rights. Marc Edelman, sports law expert and professor of law at the Zicklin School of Business, told SportsHandle:

If Noel Francisco argues, his presence serves as strong statement that the case’s outcome is especially important to the executive branch.  If such were the case, one would have to suspect that the executive branch’s interest is largely about preserving a narrow interpretation of commandeering clause for purposes of facilitating laws to disallow sanctuary cities and other federal-government heavy initiatives of the U.S. president.

This is all very interesting in that the Republican party has historically been in favor of state’s rights and a weak central government, but that does not seem to be President Trump’s view, even despite his party membership.

It helps the leagues’ side that the SG is backing PASPA’s constitutionality. Said Edelman: “In recent years, the Court has often, but not always, sided with the Solicitor General.”

But the nine Supreme Court justices will decide on the law’s fate based on their own interpretations.

What makes this whole thing even more interesting (if not peculiar) is that PASPA has enabled the leagues and the federal government to go to court to battle New Jersey’s efforts to legalize sports betting. But only the leagues have done so.

“With respect to the constitutionality of the Professional and Amateur Sports Protection Act,” Edelman explained, “the Solicitor General’s view will be interesting given that the United States has never once exercised its powers to bring an action under this act.”

It’s going to be quite a show, and SportsHandle will be there at the Supreme Court to bring you the blow-by-blow from these very experienced lawyers — once we can hook back up to WiFi outside the court.

Share1TweetShare
Brett Smiley

Brett Smiley

Brett Smiley is editor-in-chief and co-founder of Sports Handle, which joined forces with the US Bets team in November 2018. He focuses on the sports betting industry and legislation. He's a recreational sports bettor and DFS player himself, focusing on the NFL. In a past life, Smiley practiced commercial litigation in New York City and previously wrote for FOX Sports and SI.com. He lives in New Jersey with his family.

Related Posts

Virginia September 2022 revenue report
Industry

Virginia Latest To Set Sports Wagering Revenue Record in September

November 1, 2022
nashville street
Industry

SuperBook Enters Tennessee At Its Own Pace, As Always

May 17, 2022
Load More

Top Stories

fanduel-retail-sportsbook-front

Requiem For The So-Called ‘Risk-Free Bet’

February 2, 2023
garnett mgm springfield

Sports Betting Launches In Massachusetts, Giving Three Retail Books A Head Start

January 31, 2023
springfield thunderbirds betmgm opening

What’s Next For BetMGM As Entain Nears End Of Commitment To U.S. Joint Venture?

February 3, 2023
anthony-grant-coaching

Regulators, Colleges Grapple With Impact Of Angry Online Gamblers

February 6, 2023

State Sports Betting Guides

Ohio (U.S. state) flag waving against clear blue sky, close up, isolated with clipping path mask alpha channel transparency, perfect for film, news, composition

Ohio Sports Betting – Where To Play, Bonus Offers And Promo Codes

by Brian Pempus
February 2, 2023

Downtown Detroit at twilight (Shutterstock)

Michigan Sports Betting – Where To Play, Online Sportsbooks, And FAQ

by Brett Smiley
February 7, 2023

VA captial

Virginia Sports Betting – Where To Play, Online Sportsbooks And Bonus Offers

by Brett Smiley
January 17, 2023

nj flag

New Jersey Sports Betting — Where To Play, Online Sportsbooks, And FAQ

by Brett Smiley
October 20, 2022

pa online sportsbooks

Pennsylvania Sports Betting – Where To Play, Online Sportsbooks And Bonuses

by Brett Smiley
October 6, 2022

Canada Sports Betting Guides

Canada Sports Betting – Best Sportsbook Apps & Bonus Offers

British Columbia Sports Betting – Legal Update, Available Sportsbooks, and FAQ

Ontario Sports Betting – Legal Status And Where To Play

gambling therapy
ncpg
igaming ontario
If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER (1-800-426-2537) (IL). Gambling problem? Call 1-800-GAMBLER (MI/NJ/OH/PA/WV), 1-800-9-WITH-IT (IN), 1-800-522-4700 (CO), 1-800-BETS OFF (IA), 1-888-532-3500 (VA) or call/text TN REDLINE 1-800-889-9789 (TN).
19+. Please play responsibly. Terms and conditions apply. 
Individuals must be 19 years of age or older to participate in igaming in Ontario. Gambling can be addictive, please play responsibly. If you, or someone you know, has a gambling problem in Ontario and wants help, please visit ConnexOntario or call their helpline at 1-866-531-2600. Operators on this website operate pursuant to an Operating Agreement with iGaming Ontario.

Search Sports Handle

No Result
View All Result
  • About Us / Contact
  • Responsible Gambling

No Result
View All Result
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Massachusetts
    • Michigan
    • Mississippi
    • New Jersey
    • New Mexico
    • New York
    • Ohio
    • Oregon
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Missouri
    • North Carolina
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbook Apps
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Sports Betting Revenue Tracker
    • Sports Betting Podcasts
    • Partnership Tracker
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
  • News

loading

Please wait while you are redirected to the right page...

Please share your location to continue.

Check our help guide for more info.

share your location