One tactical advantage to sports leagues asking for #SCOTUS review in NJ sports betting is 8-justice court. NJ needs 5 to overturn CA3.
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Replying to @WALLACHLEGAL
How is Court size a "tactical advantage "? NJ failed w: courts w/ 1, 3, 1, 3, & 13 judges. Is 8 judges a Goldilocks court?
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Replying to @Grange95
no. Just as with other deadlocked cases, tie leaves lower court opinion intact. Why isn't that an advantage for the leagues here?
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Replying to @WALLACHLEGAL
1/3 SCOTUS justices are strategic. Won't grant cert. if they don't think good chance of resolving dispute. ...
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Replying to @Grange95 @WALLACHLEGAL
2/3 Particularly here, where no circuit split. No urgency to decide issue, and issue likely to return later for full court.
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3/3 Finally, likely if Court split, would hold it over for reargument once 9th justice appointed (common practice).
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