It’s game over for Delaware’s planned Sept. 10 launch of a state-sponsored sports lottery now that a federal appeals court has ruled that the proposed expansion of its gaming would violate the federal Professional and Amateur Sports Protection Act.

In a rare move, the appellate court not only found that a lower court judge had erred in refusing to issue a preliminary injunction, but declared that the answer to the ultimate question in the case was indisputably clear — and that a permanent injunction must be issued.