NAT'L COLLEGIATE ATHL. ASS'N v. GOVERNOR OF N.J.

Nos. 13-1713, 13-1714, 13-1715.

730 F.3d 208 (2013)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association; National Basketball Association, a joint venture; National Football League, an unincorporated association; National Hockey League, an unincorporated association; Office of the Commissioner of Baseball, an unincorporated association doing business as Major League Baseball; United States of America (Intervenor in the District Court) v. GOVERNOR OF the State of NEW JERSEY; David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement and Assistant Attorney General of the State of New Jersey; Frank Zanzuccki, Executive Director of the New Jersey Racing Commission New Jersey Thoroughbred Horsemen's Association, Inc.; Stephen M. Sweeney; Sheila Y. Oliver (Intervenors in District Court) Stephen M. Sweeney and Sheila Y. Oliver, Appellants. National Collegiate Athletic Association, an unincorporated association; National Basketball Association, a joint venture; National Football League, an unincorporated association; National Hockey League, an unincorporated association; Office of the Commissioner of Baseball, an unincorporated association doing business as Major League Baseball; United States Of America (Intervenor in the District Court) v. Governor of the State of New Jersey; David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement and Assistant Attorney General of the State of New Jersey; Frank Zanzuccki, Executive Director of the New Jersey Racing Commission New Jersey Thoroughbred Horsemen's Association, Inc.; Stephen M. Sweeney; Sheila Y. Oliver (Intervenors in District Court) New Jersey Thoroughbred Horsemen's Association, Inc., Appellant. National Collegiate Athletic Association, an unincorporated association; National Basketball Association, a joint venture; National Football League, an unincorporated association; National Hockey League, an unincorporated association; Office of the Commissioner of Baseball, an unincorporated association doing business as Major League Baseball; United States of America (Intervenor in the District Court) v. Governor of the State of New Jersey; David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement and Assistant Attorney General of the State of New Jersey; Frank Zanzuccki, Executive Director of the New Jersey Racing Commission New Jersey Thoroughbred Horsemen's Association, Inc.; Stephen M. Sweeney; Sheila Y. Oliver (Intervenors in District Court) Governor of the State of New Jersey; David L. Rebuck and Frank Zanzuccki, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 17, 2013.


Attorney(s) appearing for the Case

Theodore B. Olson, Esq. , [Argued], Matthew D. McGill, Esq. , Ashley E. Johnson, Esq., Robert E. Johnson, Esq. , Gibson Dunn & Crutcher, LLP, Washington, DC, John J. Hoffman, Esq. , Christopher S. Porrino, Esq. , Stuart M. Feinblatt, Esq. , Peter M. Slocum, Esq. , Office of the Attorney General of the State of New Jersey, Trenton, NJ, for Appellants Governor of the State of New Jersey, David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement, and Frank Zanzuccki, Executive Director of the New Jersey Racing Commission.

Michael R. Griffinger, Esq. , [Argued], Thomas R. Valen, Esq. , Jennifer A. Hradil, Esq. , Gibbons P.C., Newark, NJ, for Intervenors Stephen Sweeney and Sheila Oliver.

Ronald J. Riccio, Esq. , [Argued], Eliot Berman, Esq. , McElory, Deutsch, Mulvaney & Carpenter LLP, Morristown, NJ, for Intervenor New Jersey Thoroughbred Horsemen's Association, Inc.

Paul D. Clement, Esq. , [Argued], Candice Chiu, Esq. , William R. Levi, Esq. , Erin E. Murphy, Esq. , Bancroft PLLC, Washington, DC, William J. O'Shaughnessy, Esq. , Richard Hernandez, Esq. , McCarter & English LLP, Newark, NJ, Jeffrey A. Mishkin, Esq. , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Appellees National Collegiate Athletic Association, National Basketball Association, National Football League, National Hockey League, and Office of the Commissioner of Baseball d/b/a Major League Baseball.

Paul J. Fishman, Esq. , [Argued], Office of the United States Attorney, Newark, NJ, Peter J. Phipps, Esq. , Scott McIntosh, Esq. , United States Department of Justice, Washington, DC, for Intervenor United States of America.

Christopher S. Dodrill, Esq. , Elbert Lin, Esq. , Attorney General of West Virginia, Charleston, WV, for Amici Curiae States of West Virginia, Georgia, and Kansas, and the Commonwealth of Virginia in Support of Appellants and Reversal.

Before: FUENTES, FISHER, and VANASKIE, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Betting on sports is an activity that has unarguably increased in popularity over the last several decades. Seeking to address instances of illegal sports wagering within its borders and to improve its economy, the State of New Jersey has sought to license gambling on certain professional and amateur sporting events. A conglomerate of sports leagues, displeased at the prospect of State-licensed gambling on their...

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