New Jersey is working on its appeal to SCOTUS in its suit, alleging that it the federal law that limits gambling to a few states is unconstitutional. They have lost in the District Court, and in the 3rd Circuit.
I was not impressed with this case when the suit was first filed (see here, here, and here). It was very crude. However, since Ted Olson has taken over, the arguments have become much more sophisticated. There is even an NFIB hook with respect to federalism, and equal treatment of the states.
In any event, it’s still a long shot. And what happens if New Jersey loses at the Supreme Court. Even Pufferfish (read Game Change 2) agrees that this is the end of the line:
The state has until mid-February to file an appeal to the nation’s highest court, which the governor says is “the only option left.”
“Yeah, you know, I’m not going to go to the galactic Supreme Court and appeal to them,” Christie joked during a press conference last week. “Pretty much, a federal question ends at the United States Supreme Court.”
On my Property I exam this semester, I situated one of the questions in the “Gravatar Galactic Supreme Court.” I’m sure we can find a way to appeal.