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constitutional balance between federal and state governments, courts should interpret federal statutes in a manner to preserve state sovereignty. The Third Circuit disagreed with Delaware’s po- sition that the Gregory case was ap- plicable, finding that Congress under PAPSA had clearly altered that balance. Second, New Jersey was not one of the four states with an exemption under that law.14 So, unlike Delaware, which was trying to preserve an existing sports betting scheme, New Jersey was fight- ing to be able to offer one. There may have been other reasons why, but these differing circumstances should not be overlooked.
So the First State was a significant “player” in the legal battles over sports betting. While New Jersey ultimately made the headlines, Delaware deserves credit for laying the groundwork for what followed in the courts. Once the
legal obstacles were removed, and with public attitudes ever changing, a move- ment swept across the country whereby an ever-growing number of state legis- latures have authorized sports betting. Without Delaware’s two early pioneer- ing efforts, this new, bustling industry might not be where it is today.
NOTES
1. Murphy v. NCAA, 138 S.Ct. 1461 (2018)
2. Sherman W. Tribbitt biography. (2019, May 18). Fampeople.com. https://fampeople. com/cat-sherman-w-tribbitt_2
3. National Football League v. Governor of the State of Delaware, 435 F.Supp. 1372 (D. Del. 1977)
4. Delaware Loses Appeal on Betting.
New York Times. https://www.nytimes. com/2010/05/04/sports/04sportsbriefs- delaware.html
5. Professional and Amateur Sports Protec- tion Act of 1992. 28 U.S.C. Ch. 178
6. Heitner, D. (2015, Sept. 20). An Ab-
breviated History of FanDuel and Draft- Kings. Forbes.com. https://www.forbes.
com/sites/darrenheitner/2015/09/20/ an-abbreviated-history-of-fanduel-and- draftkings/?sh=64c4d69c7564
7. In re Request of the Governor for an Ad- visory Opinion, 12 A.3d 1104 (Del. May 27, 2009).
8. Office of Comm. of Baseball v. Markell, 2009 WL 2450284, at *1 (D.Del. Aug. 10, 2009)
9. Office of Comm. Baseball v. Markell, 579 F.3d 293 (3d Cir. 2009)
10. Murphy v. NCAA, 138 S.Ct. 1461 (2018)
11. Delaware to Begin Offering Full-Scale Sports Betting on Tuesday. (2018, May 31). https://www.wboc.com/archive/delaware- to-begin-offering-full-scale-sports-betting- on-tuesday/article_bc3f2822-e910-5b16- b9cd-3e29c7e62b01.html
12. State of New Jersey, Department of
Law & Public Safety. (n.d.). Sports Wager- ing - New Jersey Office of Attorney General. https://www.njoag.gov/programs/sports- wagering/
13. Gregory v. Ashcroft, 501 U.S. 452, 460-61 (1991); Office of Comm. Baseball v. Markell, 579 F.3d 293 (3d Cir. 2009)
14. Rodenberg, R. (2018, Mar. 28). The Leagues Vs. Delaware: Sports Betting And The NFL's Fury. https://sportshandle. com/delaware-sports-betting-lottery-nfl- 2009-goodell-markell
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