Wednesday, August 26, 2009

Third Circuit Strikes Delaware's Proposed Gambling Law

The decision can be found here. Articles can be found: Philadelphia Inquirer, Sporting News, Los Angeles Times, the USA Today and the Associated Press. Judge McKee issued the Third Circuit's short opinion which stated:

We determine that there is no factual issue with respect to the merits in this case. We conclude, as a matter of law, that the Delaware sports lottery, planned to commence September 1, 2009, pursuant to the authority granted in 29 Del. Code § 4805, violates the Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3701 et seq., and is not covered by the exemption in 28 U.S.C. § 3704(a)(1). Accordingly, there is no need to address the issue of irreparable harm. An opinion of this Court will follow.


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