The US Supreme Court [official website] on Tuesday invited [order list, PDF] the Solicitor General [official website] to file a response in the cases concerning the regulation of New Jersey Sports betting. Christie v. National Collegiate Athletic Association and New Jersey Thoroughbred Horsemen’s Association v. National Collegiate Athletic Association [SCOTUSblog materials] involve attempts to increase the amount of state regulatory authority over the practice of betting after the New Jersey legislature permitted the practice in the state. The lawsuits will determine if states or the federal government have the constitutional power over the matter. The Supreme Court stated: “The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.” The answer is to be filed by the next solicitor general who will be part of the incoming Trump administration.

The right to engage in online or in person gambling differs among the states. In August New York Governor Andrew Cuomo signed legislation [JURIST report] that would legalize daily fantasy sports in New York state. In April the Tennessee Attorney General issued an opinion [JURIST report] that fantasy sports amount to illegal gambling within the state. In March Virginia Governor Terry McAuliffe signed [JURIST report] the Fantasy Contests Act into law, making the state the first to regulate online fantasy sports.