U.S. Supreme Court building
Photo: Diego M. Radzinschi / LEG
The Supreme Court term beginning Oct. 2 promises to be a blockbuster. In addition to arguments in marquee cases on President Donald Trump’s travel ban and partisan gerrymandering (full preview here), we’re watching a range of key business disputes.
The cases below touch on arbitration, state regulation of sports betting, patent office procedures, whistleblower protections, and corporate liability for wrongdoing abroad. Here’s a rundown and our best predictions for each.
States Force High-Stakes Battle Over Legal Sports Betting
Cases: Christie v. NCAA and New Jersey Thoroughbred Horsemen’s Association v. NCAA
Counsel: Two former George W. Bush administration solicitors general will face off: Theodore Olson of Gibson, Dunn & Crutcher for New Jersey Gov. Chris Christie and Paul Clement of Kirkland & Ellis representing the NCAA.
About: Can the federal government keep states from authorizing legal sports betting? That is the high-stakes question raised by Christie’s persistent efforts to allow sports betting at New Jersey’s casinos and racetracks, where the state could reap millions in tax revenue. Five major sports groups — the National Football League, National Basketball Association, Major League Baseball, the National Hockey League and the National Collegiate Athletic Association — challenged the governor’s plan in court, claiming it violates a federal law that bars most states from licensing sports betting. Christie counters that the 1992 law — the Professional and Amateur Sports Protection Act — violates the 10th Amendment of the U.S. Constitution by “commandeering” the regulatory power of states. But the sports leagues, joined by the federal government, assert that the federal law is a permissible exercise of congressional power.
At Stake: If the court strikes down the law, revenue-hungry states across the country could quickly follow New Jersey’s lead, recasting the gambling landscape nationwide.
Snap Prediction: The court’s conservative justices generally frown at federal overreach that weakens the power of states, but the prospect of legalizing sports betting nationwide may give them pause.
— Tony Mauro
Is Inter Partes Review for Patent Challenges Constitutional?
