4 States Urge 3rd Circ. To Rehear NJ Sports Betting Case

Law360, New York (November 5, 2013, 1:05 PM EST) -- Georgia, Kansas, Virginia and West Virginia urged the Third Circuit on Monday to rehear en banc a recent panel decision striking down a New Jersey law legalizing sports gambling, saying the decision condones federal intrusion into state sovereignty by disregarding the anti-commandeering doctrine.

In an amici curiae memorandum supporting a rehearing en banc, the four states argued that a split three-judge panel of the Third Circuit coined a new affirmative-negative command distinction to allow for federal laws to unconstitutionally commandeer state legislatures when it struck down...
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