I'm not writing on the Christie v. NCAA arguments at #SCOTUS, so I'll highlight a bit of the transcript here. Here it is: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/16-476_4fb4.pdf …
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Here's a good summary of (1) Olson's argument for New Jersey, that the Professional and Amateur Sports Protection Act (PASPA) is "commandeering" state powers, and (2) the pushback he got (via Kagan).pic.twitter.com/MvQaaWhLvU
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Here's where Sotomayor basically argued that government is always choosing enforcement priorities so, even under PASPA, NJ could choose just not to enforce its sports betting ban.pic.twitter.com/cPDxLNvLsr
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Clement's difficulties before the justices — representing the NCAA et al. — were pretty clear pretty quickly:pic.twitter.com/HUtxralKDK
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"MR. CLEMENT: Can I amend my answer?"pic.twitter.com/uVZzQQluhP
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Principal Deputy SG Wall, on what NJ can do, per DOJ: "They can strengthen or they can repeal in whole or they can repeal in part in various ways. The one thing they can't do is affirmatively engage in the one kind of conduct that Congress took off the table as a policy matter."pic.twitter.com/3tk4mI2Sym
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After that exchange with the Chief, however, Wall also said, "[I]f states start lifting their prohibitions in whole, I think Congress may well want to revisit that." ... Which was interesting.pic.twitter.com/6FPXaV1XyM
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Also, when Wall was talking about the earlier version of the law NJ tried to pass, Sotomayor referenced that law not having "a snowball's chance" of being found to meet PASPA's requirements. ... Which might be a
#SCOTUS first.pic.twitter.com/BJdOkwt7Vy
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Final note: Sotomayor also referenced "gambling houses," which made me chuckle.
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Replying to @chrisgeidner
What's your gut telling you on how this ends up? Very important to me professionally.
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Chris Geidner Retweeted Chris Geidner
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