Appeals Court delays DE Sports betting

[ChickenMan]

There will be no single-game sports betting in Delaware on Sept. 1 and possibly not ever.

That was the ruling this afternoon of the U.S. Third Circuit Court of Appeals.

http://www.delawareonline.com/article/20090824/NEWS/90824032/Court+delays+single-game+sports+betting

[GannonFan]

Sweet. With Devlin looking like the real deal, and now with this ruling, I may very well yet be in Newark the Saturday after Thanksgiving watching the Hens in the 1st round of the playoffs. xthumbsupx

[GannonFan]

And hey, on the bright side now, poor little Wesley can come out from under the boot of the NCAA's harsh response to this. Forgotten in all the furor was that Wesley, a small little D3 school, was going to be punished as part of this power struggle. They had hosted a lot of D3 playoff games as of late as their program has really taken off. Good to see those real student athletes now not getting in the way of the NCAA's hissy fit with the state government. xthumbsupx

[93henfan]

Pretty stunning blow to the State's case, but I'm sure this still isn't the end of the matter.

[Ivytalk]

Wow. Just wow.xeekx

[93henfan]

Wow. Just wow.xeekx

Maybe you can help with the legal aspects, Ivy. Is it normal for an appeals court to go beyond the immediate issue it's been asked to rule on like this? I'm no conspiracy theorist, but this trio of judges seemed awfully "motivated" to squash this.

[Ivytalk]

Maybe you can help with the legal aspects, Ivy. Is it normal for an appeals court to go beyond the immediate issue it's been asked to rule on like this? I'm no conspiracy theorist, but this trio of judges seemed awfully "motivated" to squash this.

It is unusual, no doubt about that.xnodx Not unheard of, but unusual.

[93henfan]

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 09-3297
OFFICE OF COMMISSIONER OF BASEBALL, et al.
Appellants
v.
JACK A. MARKELL, GOVERNOR OF THE STATE OF DELAWARE, et al.
(D. Del. No. 09-cv-00538)
Present: MCKEE, FUENTES and HARDIMAN, Circuit Judges
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.
By the Court,
/s/ Theodore A. McKee
Circuit Judge
Dated: August 24, 2009
PDB/cc: All Counsel of Record

I guess for Jack Markell that's the legal equivalent of Shaq dunking on you and having his scrotum land on your forehead, no?

[MR. CHICKEN]

WELL...IFIN' DIS IS DUH END......MAY WANNAH...OBEY ALL TRAFFIC LAWS.....AS.....DUH SHORTFALL.....WILL HAVE TA BE MADE UP......MAY WANNAH DO...DUH LIMIT IN DEWEY......CLARKESVILE.....NEWPORT......DON'T GO DOWN NEWARK'S...MAIN...MO' DAN UNO...xsmhx....AWK!!

[93henfan]

WELL...IFIN' DIS IS DUH END......MAY WANNAH...OBEY ALL TRAFFIC LAWS.....AS.....DUH SHORTFALL.....WILL HAVE TA BE MADE UP......MAY WANNAH DO...DUH LIMIT IN DEWEY......CLARKESVILE.....NEWPORT......DON'T GO DOWN NEWARK'S...MAIN...MO' DAN UNO...xsmhx....AWK!!

Yeah, I believe they projected a balanced budget based on $53M from sports wagering, no? Gonna have to get every man, woman, and child living in the state to cough up roughly $65.

[BDKJMU]

Yeah, I believe they projected a balanced budget based on $53M from sports wagering, no? Gonna have to get every man, woman, and child living in the state to cough up roughly $65.

Or just trim what is probably a spending increase by $53 million. If the people of Delaware have already had to tighten their belts, the state govt should tighten theirs.