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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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This past weekend, college hoops wagers topped the charts on Bodog, garnering 36.88% of the action. That was about 2.5% better than what the NCAA received, and substantially more than that of the third-place NHL, which only picked up 10.17%. After that, the UFC/MMA made an appearance with 4.15% before different soccer leagues captured four of the remaining top-ten spots. The Premier League was the best, with 3.34%, but tennis and golf snuck in next. The Australian Open Men’s Singles picked up 3.21% and the Genesis Invitational grabbed 2.47%. Germany’s Bundesliga, Spain’s La Liga and Italy’s Serie A rounded out the top-ten list, with Germany and Spain sharing 2.02% each and Italy getting 1.44% of the wagers.
Despite taking the top spot on the charts on Bodog this past weekend, NCAA games didn’t prove overly enticing to gamblers. The NBA captured almost all of the top-ten most-wagered events, with only one NCAA game making it to the list. Sports gamblers liked betting on the LA Clippers a lot, as the team’s games against the Utah Jazz and the Brooklyn Nets picked up 13.85% and 11.51%, respectively. In a surprise victory, the Clippers beat the Jazz on Friday, but couldn’t keep the run going and lost to the Nets on Sunday.
The Genesis Invitational, which Max Homa took down after a shoot-off with Tony Finau, attracted 10.79% of the wagers on Bodog this past weekend. Homa is intimately familiar with the course where the tournament is played, the Riviera Country Club, and has been a regular on the greens since he was two years old. With his Genesis win, Homa joins Bubba Watson as the only two players to take a Riviera victory with a bogey-free final round since 1990.
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There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.
“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.
He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.