DFS under PASPA was not at issue in CA3, neither argued by parties nor decided by court. SCOTUS won't take this issue up. https://twitter.com/wallachlegal/status/784046042727591937 …
SCOTUS only looks at Christie II for this cert petition. Won't grant an issue not decided by CA3 in en band decision.
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DFS issue also part of Christie 2 decision at federal district court. Just checked.
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1/ "The dispositive legal issue ... as NJTHA conceded at oral argument ... is whether the 2014 Law is ... preempted by PASPA."
End of conversation
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