1 00:00:02,160 --> 00:00:07,000 Speaker 1: Coming to you from fabulous Las Vegas. The right side 2 00:00:07,360 --> 00:00:09,960 Speaker 1: is the winning side. The late move is the correct move. 3 00:00:10,240 --> 00:00:14,239 Speaker 1: Sports betting capital of the world. We all know when 4 00:00:14,280 --> 00:00:17,640 Speaker 1: a sharp like me weighs in the lines move, it's 5 00:00:17,680 --> 00:00:26,560 Speaker 1: a party for your ears. This is the Buffet with 6 00:00:26,720 --> 00:00:30,000 Speaker 1: Chad and Scooch. I want to buy that guy at buffet. 7 00:00:31,640 --> 00:00:36,760 Speaker 1: Hello when welcome to a very special emergency news breaking 8 00:00:36,920 --> 00:00:43,400 Speaker 1: that the edition of the Buffet with Chad, Scooch and 9 00:00:43,400 --> 00:00:46,559 Speaker 1: a little bit. Ryan Rodenberg, who is a legal expert, 10 00:00:46,600 --> 00:00:49,000 Speaker 1: a sports law professor at for the State University, who 11 00:00:49,040 --> 00:00:52,800 Speaker 1: has been covering the efforts for the state of New 12 00:00:52,880 --> 00:00:57,240 Speaker 1: Jersey to legalized sports betting through its entire case history 13 00:00:57,640 --> 00:01:03,840 Speaker 1: going back I think six years now. Um, because today 14 00:01:04,200 --> 00:01:07,640 Speaker 1: the Supreme Court ruled in favor of New Jersey and 15 00:01:07,680 --> 00:01:11,760 Speaker 1: that it can allow sports betting in the state. And 16 00:01:11,800 --> 00:01:14,160 Speaker 1: not only can the State of New Jersey allow it, 17 00:01:14,240 --> 00:01:18,200 Speaker 1: but all states that would like to enact laws can 18 00:01:18,240 --> 00:01:22,160 Speaker 1: allow it. And it has thrown the industry into a 19 00:01:22,200 --> 00:01:25,360 Speaker 1: bit of upheaval today even though many people expected this 20 00:01:25,440 --> 00:01:29,800 Speaker 1: to be the outcome. First is going to be from 21 00:01:30,000 --> 00:01:38,200 Speaker 1: Las Vegas representing board gaming and your Leans bookmaker extraordinary, 22 00:01:38,240 --> 00:01:42,000 Speaker 1: Bob Scucci. That's what's going on. Man. This is an 23 00:01:42,000 --> 00:01:44,880 Speaker 1: exciting day. This is a massive day. So like just 24 00:01:44,920 --> 00:01:47,920 Speaker 1: to to completely make it clear to for people, Like 25 00:01:48,920 --> 00:01:52,080 Speaker 1: many years ago, New Jersey lawsuit claiming that past but 26 00:01:52,240 --> 00:01:55,600 Speaker 1: the Professional Amateur Sports Protection Act was a violation of 27 00:01:55,640 --> 00:01:58,800 Speaker 1: states rights, meaning that it was illegal and it did 28 00:01:58,800 --> 00:02:01,040 Speaker 1: not allow New Jersey to your size its interests in 29 00:02:01,120 --> 00:02:03,480 Speaker 1: order to raise money and do what it was allowed 30 00:02:03,480 --> 00:02:06,440 Speaker 1: to do as a state that it saw its citizens 31 00:02:06,480 --> 00:02:10,959 Speaker 1: best interests. Uh. New Jersey lost this case at multiple 32 00:02:11,080 --> 00:02:16,040 Speaker 1: levels of the judicial process. UH, in the appellate court, 33 00:02:16,280 --> 00:02:19,000 Speaker 1: in federal court, and it went all the way up 34 00:02:19,040 --> 00:02:21,079 Speaker 1: to the Supreme Court. At the Supreme Court decided last 35 00:02:21,080 --> 00:02:23,040 Speaker 1: summer it was to hear the case. Heard the case 36 00:02:23,040 --> 00:02:25,560 Speaker 1: in December, and UH many of us have been at 37 00:02:25,600 --> 00:02:28,280 Speaker 1: pins needles the past several months waiting for the court 38 00:02:28,320 --> 00:02:31,720 Speaker 1: to rule. They ruled today in the seven to two decision, 39 00:02:31,880 --> 00:02:35,760 Speaker 1: they ruled in favor of New Jersey, which can now 40 00:02:35,960 --> 00:02:40,520 Speaker 1: allow sports betting. Scoot, You're from New Jersey, you live 41 00:02:40,560 --> 00:02:42,239 Speaker 1: in Las Vegas. You and I have talked about this 42 00:02:42,320 --> 00:02:45,959 Speaker 1: many many times. UM, give me your first reacts. It's 43 00:02:46,000 --> 00:02:50,400 Speaker 1: it's nine out there in Vegas. It's been legal hours 44 00:02:50,400 --> 00:02:53,160 Speaker 1: and fifteen minutes. Have you guys been talking about it? 45 00:02:53,200 --> 00:02:55,920 Speaker 1: What is your thought on this right now? Well, the 46 00:02:55,960 --> 00:02:59,440 Speaker 1: first feeling is just a feeling of excitement and uh 47 00:02:59,720 --> 00:03:03,799 Speaker 1: noing that we've been looking at this possibility for decades now, 48 00:03:03,960 --> 00:03:08,000 Speaker 1: just wondering what what the possibilities are. The upside of 49 00:03:08,040 --> 00:03:11,679 Speaker 1: it is kind of the unknown right now, and that's 50 00:03:11,720 --> 00:03:14,880 Speaker 1: what makes it so exciting, is uh, you know, this 51 00:03:14,960 --> 00:03:18,080 Speaker 1: was the first step. So so there's that kind of 52 00:03:18,240 --> 00:03:21,560 Speaker 1: uh feeling that uh, you know, there's all kinds of 53 00:03:21,600 --> 00:03:26,320 Speaker 1: possibilities now. And uh, I would imagine New Jersey. Uh 54 00:03:26,440 --> 00:03:29,960 Speaker 1: maybe the first one because they've already been in place Delaware, 55 00:03:30,760 --> 00:03:33,880 Speaker 1: But now I think that all the states can just 56 00:03:33,960 --> 00:03:36,119 Speaker 1: kind of follow the same path that New Jersey did, 57 00:03:36,160 --> 00:03:40,120 Speaker 1: and it maybe it may be like dominoes where each state, uh, 58 00:03:40,240 --> 00:03:43,040 Speaker 1: one by one starts to put in some form of 59 00:03:43,880 --> 00:03:48,360 Speaker 1: legal sports betting. So again, just uh, it's so new 60 00:03:48,400 --> 00:03:50,320 Speaker 1: and fresh right now that the only feeling I have 61 00:03:50,480 --> 00:03:52,480 Speaker 1: is just the excitement of it. But I think the 62 00:03:52,480 --> 00:03:55,480 Speaker 1: the upside and the potential uh could be pretty big. 63 00:03:56,280 --> 00:03:59,040 Speaker 1: Does anything like this look you have a very specific 64 00:03:59,040 --> 00:04:01,880 Speaker 1: point of view on this. Uh, You've been in Vegas forever, 65 00:04:02,000 --> 00:04:05,040 Speaker 1: You're a bookmaker, a huge public corporation, You've got a 66 00:04:05,040 --> 00:04:08,640 Speaker 1: lot of responsibilities. Does it worry you? No, I don't 67 00:04:08,640 --> 00:04:10,440 Speaker 1: think it worries me at all because I look at 68 00:04:10,480 --> 00:04:13,360 Speaker 1: it the same way that I've looked at gambling in general. 69 00:04:13,560 --> 00:04:16,440 Speaker 1: Like like you said, I've been in Vegas for many years, 70 00:04:16,480 --> 00:04:20,320 Speaker 1: and I remember when other states started passing legislation to 71 00:04:20,360 --> 00:04:23,120 Speaker 1: allow some form of gambling in their state, and the 72 00:04:23,200 --> 00:04:25,200 Speaker 1: question would always be, you know, this is going to 73 00:04:25,279 --> 00:04:28,160 Speaker 1: take business away from Las Vegas, and it never did, 74 00:04:28,600 --> 00:04:32,120 Speaker 1: If anything, we just saw the numbers keep rising. So 75 00:04:32,360 --> 00:04:34,320 Speaker 1: I think what it what it does is it just 76 00:04:34,400 --> 00:04:37,760 Speaker 1: creates a whole new cross segment of betters. I think 77 00:04:37,800 --> 00:04:41,040 Speaker 1: once you start seeing legislation in other states that allows 78 00:04:41,080 --> 00:04:44,599 Speaker 1: for sports betting, it will create new sports betters and 79 00:04:44,600 --> 00:04:46,800 Speaker 1: then eventually they'll come out to Vegas and they'll make 80 00:04:46,839 --> 00:04:50,159 Speaker 1: sports bets now where they didn't make sports bets before. 81 00:04:50,240 --> 00:04:52,640 Speaker 1: So I don't think it worries me. I I think 82 00:04:52,640 --> 00:04:56,440 Speaker 1: it just creates uh more more betters in general, and 83 00:04:57,240 --> 00:04:59,000 Speaker 1: I think we're going to see a rise in in 84 00:04:59,120 --> 00:05:03,400 Speaker 1: sports betting. You know, it's interesting. I believe many many 85 00:05:03,480 --> 00:05:06,240 Speaker 1: years ago, I was out in Vegas working on a 86 00:05:06,320 --> 00:05:08,840 Speaker 1: story for East sixty back when I was at ESPN 87 00:05:09,440 --> 00:05:15,360 Speaker 1: about Delaware trying to legalize sports betting, and you had 88 00:05:15,480 --> 00:05:18,920 Speaker 1: one of the greatest lines about what this would mean 89 00:05:18,960 --> 00:05:22,400 Speaker 1: for Vegas if sports betting became legal on a state 90 00:05:22,400 --> 00:05:24,719 Speaker 1: by state basis or nationwide. Do you remember what you 91 00:05:24,720 --> 00:05:28,960 Speaker 1: said to me? I do, Yeah, it was in some form. 92 00:05:29,040 --> 00:05:33,000 Speaker 1: It was like opening up a carnival at a local 93 00:05:33,600 --> 00:05:36,640 Speaker 1: uh city, like with Ferris wheels and lots of rides. 94 00:05:37,120 --> 00:05:39,520 Speaker 1: And I compared it to Disneyland. Is it going to 95 00:05:39,640 --> 00:05:42,839 Speaker 1: take business away from Disneyland? And I said that all 96 00:05:42,960 --> 00:05:46,080 Speaker 1: all you're doing by opening up these smaller amusement parks 97 00:05:46,560 --> 00:05:49,599 Speaker 1: is exposing to people to these rides to where they're 98 00:05:49,600 --> 00:05:52,320 Speaker 1: gonna say, hey, I really enjoy this, and now I 99 00:05:52,320 --> 00:05:55,680 Speaker 1: want to go to Disneyland. Yeah, at a cent and 100 00:05:56,040 --> 00:05:59,599 Speaker 1: the It's a great analogy or metaphor. It's one of 101 00:05:59,600 --> 00:06:05,159 Speaker 1: those things. And UM, I also thought that was really interesting. 102 00:06:06,240 --> 00:06:09,880 Speaker 1: You compared it to poker. Uh. Explain a little bit 103 00:06:09,880 --> 00:06:15,920 Speaker 1: about Poker's rise and some of the comparisons or potential 104 00:06:16,279 --> 00:06:18,840 Speaker 1: sort of parallels we can see between what happened with 105 00:06:18,839 --> 00:06:22,600 Speaker 1: poker and what could happen with sports betting. Well, I mean, 106 00:06:23,240 --> 00:06:27,640 Speaker 1: obviously poker had that big boom, uh when a lot 107 00:06:27,640 --> 00:06:30,280 Speaker 1: of a lot of casinos were kind of downsizing poker rooms, 108 00:06:30,279 --> 00:06:33,680 Speaker 1: and then poker saw that that giant boom, and I 109 00:06:33,680 --> 00:06:35,960 Speaker 1: think you started seeing all the states kind of fall 110 00:06:36,000 --> 00:06:38,279 Speaker 1: in line where everyone wanted to participate in the big 111 00:06:38,279 --> 00:06:41,279 Speaker 1: poker boom. And then of course technology allowed for that 112 00:06:41,360 --> 00:06:45,400 Speaker 1: as well, with between online and mobile in different ways 113 00:06:45,440 --> 00:06:48,599 Speaker 1: to uh to participate. So I think we're seeing the 114 00:06:48,640 --> 00:06:52,040 Speaker 1: same thing with with sports as well as you know, 115 00:06:52,160 --> 00:06:55,720 Speaker 1: can it be a lot more than just a sports book, uh, 116 00:06:55,800 --> 00:06:59,600 Speaker 1: you know, a bricks and mortar establishment, Can it be online? 117 00:06:59,640 --> 00:07:01,880 Speaker 1: Can it mobile? I think these are all things that 118 00:07:01,920 --> 00:07:03,880 Speaker 1: are going to be addressed as each state tries to 119 00:07:03,920 --> 00:07:07,240 Speaker 1: adopt their legislation, uh to to kind of get in 120 00:07:07,320 --> 00:07:10,320 Speaker 1: on the game on this. How does this change your 121 00:07:10,400 --> 00:07:12,360 Speaker 1: job today? And how does this change your job in 122 00:07:12,400 --> 00:07:14,080 Speaker 1: six months? And how does this change your job in 123 00:07:14,080 --> 00:07:19,280 Speaker 1: a year? Those are real good questions and I'm not 124 00:07:19,320 --> 00:07:23,920 Speaker 1: sure myself. Um, obviously, with so many years of Nevada 125 00:07:23,960 --> 00:07:27,720 Speaker 1: being the only legal jurisdiction that has sports betting. I 126 00:07:27,760 --> 00:07:30,040 Speaker 1: think that a lot of states are gonna kind of 127 00:07:31,240 --> 00:07:35,720 Speaker 1: rely on the experts in Nevada, whether it be for legislation, 128 00:07:35,880 --> 00:07:39,240 Speaker 1: or whether it be for operations, or for for counsel 129 00:07:39,400 --> 00:07:43,120 Speaker 1: or for just even just as a consultant. So I 130 00:07:43,160 --> 00:07:46,240 Speaker 1: think there's going to be a big demand for a 131 00:07:46,240 --> 00:07:49,160 Speaker 1: lot of the people out here in Nevada. So from 132 00:07:49,160 --> 00:07:53,400 Speaker 1: that perspective, I mean, uh, you know, there may be 133 00:07:53,440 --> 00:07:56,000 Speaker 1: a lot of people scrambling right now. You know, that's 134 00:07:56,000 --> 00:07:58,400 Speaker 1: gonna be a big challenge if if other states do 135 00:07:58,920 --> 00:08:03,040 Speaker 1: suddenly adopt some form of sports betting similar to Las Vegas. 136 00:08:03,160 --> 00:08:06,440 Speaker 1: Is that you're not going to have a pool of um, 137 00:08:06,480 --> 00:08:10,560 Speaker 1: experienced individuals that already you know, uh, that can kind 138 00:08:10,560 --> 00:08:12,160 Speaker 1: of just jump in. There's gonna have to be a 139 00:08:12,160 --> 00:08:15,840 Speaker 1: big training session across the country because there's just not 140 00:08:16,000 --> 00:08:19,840 Speaker 1: that big of a pool of experienced people. So so 141 00:08:19,880 --> 00:08:23,120 Speaker 1: that may be a challenge. Well, you know, we uh, 142 00:08:23,280 --> 00:08:26,160 Speaker 1: we've talked about this often, and um, we actually have 143 00:08:26,240 --> 00:08:28,720 Speaker 1: to bounce off because I've got Ryan Rodenberg, who's been 144 00:08:28,760 --> 00:08:32,520 Speaker 1: covering this forever for us UM calling it a couple 145 00:08:32,559 --> 00:08:36,960 Speaker 1: of minutes. But we have talked about how this is 146 00:08:36,960 --> 00:08:39,480 Speaker 1: a chance to widen the talent pool. And you've been 147 00:08:39,480 --> 00:08:42,600 Speaker 1: looking for fresh ways to examine industry in Nevada for 148 00:08:42,640 --> 00:08:44,280 Speaker 1: a long time, and this is probably the way to 149 00:08:44,360 --> 00:08:46,040 Speaker 1: do it. Yeah, I mean, it very well could be. 150 00:08:46,080 --> 00:08:48,400 Speaker 1: I mean I've always felt bad for the people that 151 00:08:48,480 --> 00:08:50,839 Speaker 1: wanted to get into this business that there's just such 152 00:08:50,880 --> 00:08:53,840 Speaker 1: a limited amount of places that they can kind of, 153 00:08:53,960 --> 00:08:56,400 Speaker 1: you know, cut their teeth on. So, uh, this could 154 00:08:56,400 --> 00:08:58,960 Speaker 1: be a big opportunity for a lot of those talented 155 00:08:58,960 --> 00:09:02,040 Speaker 1: individuals that are kind of been in the business for 156 00:09:02,080 --> 00:09:04,320 Speaker 1: a lot of years waiting for that opportunity to kind 157 00:09:04,360 --> 00:09:06,520 Speaker 1: of move up the ladder. Uh, this could be. This 158 00:09:06,600 --> 00:09:08,520 Speaker 1: could be a big moment for them as well, and 159 00:09:08,960 --> 00:09:12,640 Speaker 1: I think you will see that talent expand pretty quickly. Alright, 160 00:09:12,679 --> 00:09:15,800 Speaker 1: scooge Listen, we are very seamless here at the buffet. 161 00:09:15,960 --> 00:09:19,760 Speaker 1: And so while you were talking, Ryan Rodenberg are sports 162 00:09:19,960 --> 00:09:24,200 Speaker 1: legal expert law professor at Florida State University. He had 163 00:09:24,240 --> 00:09:27,480 Speaker 1: a story up about the Supreme Court's decision to legalize 164 00:09:27,480 --> 00:09:31,640 Speaker 1: sports betting in New Jersey on Action Network dot Com 165 00:09:31,760 --> 00:09:35,920 Speaker 1: very inclusive after the decision was rendered this morning, Scoot, 166 00:09:36,000 --> 00:09:38,800 Speaker 1: you are free to go. Ryan Rodenberg, you are on 167 00:09:38,880 --> 00:09:42,960 Speaker 1: the buffet. Wow, unpack this for me. There's a lot 168 00:09:43,040 --> 00:09:45,880 Speaker 1: to unpack. Chat over the course of forty nine pages. 169 00:09:46,160 --> 00:09:49,880 Speaker 1: The Supreme Court and what effectively is a seven and 170 00:09:49,960 --> 00:09:53,559 Speaker 1: two vote, and we can get into the interfacies later. Effectively, 171 00:09:53,760 --> 00:09:59,319 Speaker 1: they have declared past the federal sports betting ban unconstitutional. 172 00:09:59,480 --> 00:10:02,480 Speaker 1: In total, there is no portion of this band that 173 00:10:02,640 --> 00:10:07,240 Speaker 1: is left standing. The two justices and perhaps three who 174 00:10:07,360 --> 00:10:11,160 Speaker 1: disagree with the overall conclusions think there's some tiny slivers 175 00:10:11,200 --> 00:10:14,080 Speaker 1: of the federal band that could continue. But this is 176 00:10:14,120 --> 00:10:17,880 Speaker 1: a very definitive move by the Supreme Court that individual 177 00:10:18,000 --> 00:10:22,800 Speaker 1: states should have the right if they elect to, to regulate, tax, 178 00:10:23,160 --> 00:10:26,440 Speaker 1: and legalize sports betting. Certainly, it leaves the door open 179 00:10:26,480 --> 00:10:29,600 Speaker 1: for states that aren't interested in doing that. And then 180 00:10:29,640 --> 00:10:32,800 Speaker 1: perhaps one of the most important sentences, sentences that will 181 00:10:32,840 --> 00:10:36,120 Speaker 1: be hearing about down the road. The Supreme Court also 182 00:10:36,160 --> 00:10:39,040 Speaker 1: said that that that Congress could address sports betting, that 183 00:10:39,240 --> 00:10:41,400 Speaker 1: if Congress is going to do so, they have to 184 00:10:41,520 --> 00:10:47,520 Speaker 1: regulate it directly. They can't authorize sports excuse me, not 185 00:10:47,600 --> 00:10:51,400 Speaker 1: allow states to regulate sports betting as some sort of 186 00:10:51,679 --> 00:10:54,440 Speaker 1: order or edict. They have to do it directly. So 187 00:10:54,640 --> 00:10:56,720 Speaker 1: it's still in play at the state level. Of course 188 00:10:56,800 --> 00:10:59,760 Speaker 1: that in addition, Congress could also step in if they 189 00:10:59,760 --> 00:11:03,640 Speaker 1: want to down their own all. Right, So you just 190 00:11:03,679 --> 00:11:06,839 Speaker 1: said something that I think it is difficult for people 191 00:11:06,880 --> 00:11:09,880 Speaker 1: to comprehend if they have been paying attention to this 192 00:11:10,000 --> 00:11:13,559 Speaker 1: case closely, which was everyone assumed there would be three 193 00:11:13,760 --> 00:11:16,800 Speaker 1: ways in which the Court can rule complete repeal of 194 00:11:16,840 --> 00:11:21,120 Speaker 1: PASPA um New Jersey. That would be number one. New 195 00:11:21,200 --> 00:11:24,040 Speaker 1: Jersey would get it but pass but would remain, or 196 00:11:24,040 --> 00:11:28,120 Speaker 1: the Court would completely just decide that pass but could 197 00:11:28,160 --> 00:11:31,000 Speaker 1: remain in New Jersey doesn't get it. What you're saying 198 00:11:31,720 --> 00:11:38,160 Speaker 1: is that the Court has essentially said PASPA is unconstitutional 199 00:11:38,720 --> 00:11:43,800 Speaker 1: in its entirety? What does that mean for every state? Exactly? 200 00:11:44,480 --> 00:11:46,679 Speaker 1: In no way that the Supreme Court kick passed this 201 00:11:46,800 --> 00:11:48,840 Speaker 1: can down the road here. They could have kind of 202 00:11:48,840 --> 00:11:52,200 Speaker 1: delayed an ultimate decision for a later day and allowed 203 00:11:52,280 --> 00:11:55,040 Speaker 1: New Jersey to have this very narrow victory for their 204 00:11:55,080 --> 00:11:58,920 Speaker 1: partial repeal. That's not what happened in terms of the 205 00:11:59,679 --> 00:12:02,079 Speaker 1: figure of speech. In terms of breaking open the dam 206 00:12:02,240 --> 00:12:05,120 Speaker 1: or the floodgates that are now open, those are all true. 207 00:12:05,360 --> 00:12:09,760 Speaker 1: Individual states. Yes, they want to can certainly follow the 208 00:12:09,800 --> 00:12:13,600 Speaker 1: blueprint that either New Jersey did, or they can follow 209 00:12:13,640 --> 00:12:16,000 Speaker 1: the very first thing. In Jersey didn't have a full 210 00:12:16,080 --> 00:12:20,640 Speaker 1: blown regulatory uh system put in place much like Nevada 211 00:12:20,720 --> 00:12:22,800 Speaker 1: or what New Jersey try to do in the first 212 00:12:22,960 --> 00:12:25,679 Speaker 1: version of this case. They could do either, so they 213 00:12:25,679 --> 00:12:28,240 Speaker 1: don't even necessarily just have to have this kind of 214 00:12:28,720 --> 00:12:32,200 Speaker 1: odd partial repeal that New Jersey did to try to 215 00:12:32,200 --> 00:12:36,200 Speaker 1: fit within the tiny contours of the previous decision. Every 216 00:12:36,240 --> 00:12:38,760 Speaker 1: state has the right to pursue something that they want 217 00:12:38,760 --> 00:12:42,520 Speaker 1: to at this point. This is a dramatic, dramatic victory 218 00:12:42,559 --> 00:12:45,160 Speaker 1: for New Jersey, but in addition to every other state. 219 00:12:45,240 --> 00:12:47,360 Speaker 1: I mean, in the short news where I wrote for 220 00:12:47,360 --> 00:12:50,920 Speaker 1: you earlier, certainly states should send New Jersey thank you 221 00:12:50,960 --> 00:12:53,400 Speaker 1: though it because this is a a big boon to 222 00:12:53,480 --> 00:12:56,640 Speaker 1: all of them in terms of their ability to to regulate, 223 00:12:56,720 --> 00:13:00,800 Speaker 1: tax and authorize something if they're so inclined. Yeah, I mean, 224 00:13:00,840 --> 00:13:04,080 Speaker 1: this just changes everything. It It's so much bigger and 225 00:13:04,120 --> 00:13:07,319 Speaker 1: broader than I think in New Jersey was even expecting, 226 00:13:07,400 --> 00:13:10,839 Speaker 1: and certainly that I think other states were expecting as well. 227 00:13:10,960 --> 00:13:13,600 Speaker 1: Nobody was sort of anticipating that the court was going 228 00:13:13,640 --> 00:13:16,960 Speaker 1: to be as aggressive as it was. None of them were, 229 00:13:17,200 --> 00:13:20,079 Speaker 1: And in fact, some of the of the lawyers on 230 00:13:20,120 --> 00:13:23,559 Speaker 1: the New Jersey side even argued to the Supreme Court 231 00:13:23,640 --> 00:13:26,960 Speaker 1: and in their written court filings then that the Court 232 00:13:27,040 --> 00:13:30,800 Speaker 1: could take a narrower approach. The Court rejected that. They 233 00:13:30,840 --> 00:13:34,400 Speaker 1: went for a full blown sweep of this law. It's 234 00:13:34,440 --> 00:13:38,480 Speaker 1: effectively off the books in terms of being enforceable moving forward. 235 00:13:39,320 --> 00:13:42,400 Speaker 1: Congress could take another stab at it, But there's upwards 236 00:13:42,520 --> 00:13:45,400 Speaker 1: of two dozen states that are probably will be able 237 00:13:45,480 --> 00:13:49,160 Speaker 1: to move much faster than than Congress does in terms 238 00:13:49,200 --> 00:13:52,600 Speaker 1: of getting these current bills that are already pending either 239 00:13:53,520 --> 00:13:55,880 Speaker 1: past or at least on in terms of on the 240 00:13:55,920 --> 00:13:59,680 Speaker 1: dock when the next legislative legislative session opens later this 241 00:13:59,760 --> 00:14:02,520 Speaker 1: year or early next year. Right, So, how fast do 242 00:14:02,520 --> 00:14:06,720 Speaker 1: you think states can move? Right now? So, several states 243 00:14:06,720 --> 00:14:10,040 Speaker 1: are very very well positioned to move in a matter 244 00:14:10,120 --> 00:14:15,720 Speaker 1: of weeks, if not months, and those states include uh, Mississippi, 245 00:14:15,840 --> 00:14:20,440 Speaker 1: West Virginia, Pennsylvania to a limited extent in New York, 246 00:14:20,840 --> 00:14:23,440 Speaker 1: they do have a statute on the books for in 247 00:14:23,560 --> 00:14:26,320 Speaker 1: person brick and mortar type of sports betting at the 248 00:14:26,400 --> 00:14:31,160 Speaker 1: four already licensed facilities they have there nothing online though, 249 00:14:31,640 --> 00:14:33,800 Speaker 1: And then There's about a dozen other states that have 250 00:14:34,040 --> 00:14:38,080 Speaker 1: current bills penned in All of them had these placeholder 251 00:14:38,480 --> 00:14:41,520 Speaker 1: clauses in there, saying they would only become effective if 252 00:14:41,560 --> 00:14:45,080 Speaker 1: the Supreme Court ruled favorably. Now the Supreme Court has 253 00:14:45,200 --> 00:14:48,120 Speaker 1: ruled favorably, so those can move forward quickly without much 254 00:14:48,160 --> 00:14:51,400 Speaker 1: revision if they can get it done before the legislative 255 00:14:51,400 --> 00:14:54,320 Speaker 1: session closes. So a few states have already missed the chance. 256 00:14:54,360 --> 00:14:59,480 Speaker 1: Iowa Indiana both had pending bills that would legalize sports betting, 257 00:14:59,480 --> 00:15:02,920 Speaker 1: but those state legislators have ended for this for the 258 00:15:02,960 --> 00:15:05,560 Speaker 1: for the year. So those who have to wait until 259 00:15:05,600 --> 00:15:08,160 Speaker 1: the next go around that several other states are still 260 00:15:08,200 --> 00:15:11,680 Speaker 1: in play. At Kansas and Missourior examples, there's a probably 261 00:15:11,760 --> 00:15:17,920 Speaker 1: a dozen or so states that, um, this becomes an opportunity, 262 00:15:18,200 --> 00:15:22,440 Speaker 1: and New Jersey is certainly forefront of this. Why did 263 00:15:22,440 --> 00:15:25,120 Speaker 1: the Supreme Court rule this way? What was their reasoning 264 00:15:26,720 --> 00:15:29,760 Speaker 1: when Congress passed this law twenty six years ago? The 265 00:15:29,960 --> 00:15:34,640 Speaker 1: language Congress was so offensive to the tenth Amendment of 266 00:15:34,680 --> 00:15:38,360 Speaker 1: the U. S. Constitution that Justice Alito and he just 267 00:15:38,480 --> 00:15:41,600 Speaker 1: harked on this endlessly. I just finished reading his portion, 268 00:15:41,640 --> 00:15:44,480 Speaker 1: which took up about half of the decision. He was 269 00:15:44,640 --> 00:15:48,840 Speaker 1: very forceful that if Congress wants to actually regulate something, 270 00:15:48,880 --> 00:15:51,160 Speaker 1: they can do it, but they can't do it in 271 00:15:51,200 --> 00:15:53,920 Speaker 1: this way. I mean, he uses some very colorful language 272 00:15:53,920 --> 00:15:59,200 Speaker 1: in terms of deputizing state officials and preventing state legislatures 273 00:15:59,200 --> 00:16:03,360 Speaker 1: from doing their The way Congress worded this statute twenty 274 00:16:03,440 --> 00:16:07,040 Speaker 1: six years ago was just so bizarre and so offensive 275 00:16:07,080 --> 00:16:09,840 Speaker 1: that the Tenth Amendment, which gives states rights that that 276 00:16:10,000 --> 00:16:14,240 Speaker 1: otherwise belonged them, he found no other choice than just 277 00:16:14,320 --> 00:16:16,840 Speaker 1: simply say that none of this can be preserved. And 278 00:16:16,880 --> 00:16:20,720 Speaker 1: he tried. There was individual portions, and that's the three 279 00:16:21,280 --> 00:16:24,280 Speaker 1: Excuse me. The two justices that dissented there were small 280 00:16:24,440 --> 00:16:28,360 Speaker 1: slivers of this federal law that at least two of 281 00:16:28,400 --> 00:16:31,480 Speaker 1: them thought could be preserved. But the majority of the 282 00:16:31,920 --> 00:16:34,760 Speaker 1: justices in this case, seven out of nine, said they 283 00:16:34,880 --> 00:16:38,160 Speaker 1: just can't do it. And that's not just the very 284 00:16:38,240 --> 00:16:43,320 Speaker 1: conservative state rights lenion type of justices. Justice Elena Kagan, 285 00:16:43,320 --> 00:16:47,080 Speaker 1: who was nominated by President Obama back in she found 286 00:16:48,480 --> 00:16:51,360 Speaker 1: she joined the majority decision in much the same way 287 00:16:51,360 --> 00:16:53,840 Speaker 1: in full. So it certainly was something that kind of 288 00:16:53,920 --> 00:16:59,040 Speaker 1: crossed eciological lines. It's an important decision clearly for sports 289 00:16:59,080 --> 00:17:02,240 Speaker 1: getting but in the not too distances, so we'll probably 290 00:17:02,280 --> 00:17:05,280 Speaker 1: hear about this case in terms of the debate over 291 00:17:05,320 --> 00:17:08,920 Speaker 1: marijuana and immigration as well. So it's a big case. 292 00:17:09,080 --> 00:17:12,040 Speaker 1: It's no surprise it's getting as much media attention as 293 00:17:12,040 --> 00:17:14,800 Speaker 1: it as it is right now. Yeah, it's pretty stunning. 294 00:17:14,880 --> 00:17:18,119 Speaker 1: It's funny. Uh, my wife and I saw, you know, 295 00:17:18,160 --> 00:17:21,119 Speaker 1: there's a documentary out about Ruth Bader Ginsburgh called RBG, 296 00:17:22,000 --> 00:17:27,080 Speaker 1: and it portrays her as sort of this ah, quiet 297 00:17:27,520 --> 00:17:34,600 Speaker 1: fears intellectual powerhouse who has slowly moved society uh in 298 00:17:34,640 --> 00:17:39,720 Speaker 1: the direction of um uh vendor rights over the past 299 00:17:39,800 --> 00:17:42,800 Speaker 1: say forty years, and that is what got her to 300 00:17:42,800 --> 00:17:46,000 Speaker 1: the attention of President Clinton when he nominated her to 301 00:17:46,000 --> 00:17:49,360 Speaker 1: the Supreme Court. And sort of she has managed her 302 00:17:49,400 --> 00:17:53,399 Speaker 1: career and sort of how um just astonishing she has 303 00:17:53,480 --> 00:17:57,880 Speaker 1: moved through, uh, through the legal sort of hierarchy into 304 00:17:57,880 --> 00:18:00,640 Speaker 1: the point where now you know, notorious RBG. And she's 305 00:18:00,640 --> 00:18:02,920 Speaker 1: sort of got a call following and people can't wait 306 00:18:02,920 --> 00:18:05,720 Speaker 1: for her descents. And I actually was reading this looking 307 00:18:05,760 --> 00:18:07,679 Speaker 1: through like, oh my god, this is RBG going to 308 00:18:07,680 --> 00:18:10,639 Speaker 1: be the dissenting opinion in this case, Like what was 309 00:18:10,640 --> 00:18:15,119 Speaker 1: her argument in this case that so she did offer 310 00:18:15,240 --> 00:18:17,520 Speaker 1: the descent. So when when you when it's described as 311 00:18:17,560 --> 00:18:21,199 Speaker 1: a seven two decisions, the two was Justice Ginsburg who 312 00:18:21,240 --> 00:18:23,720 Speaker 1: actually wrote the descent, and then she was joined by 313 00:18:23,760 --> 00:18:27,879 Speaker 1: Justice Sonya so Tomorn, President and appointee of President Obama 314 00:18:27,880 --> 00:18:31,440 Speaker 1: as well. But even Justice Ginsberg and Justice so to 315 00:18:31,520 --> 00:18:34,320 Speaker 1: Mayor they said in problems with past, the two so 316 00:18:34,600 --> 00:18:37,000 Speaker 1: in that respect that all nine of the of the 317 00:18:37,160 --> 00:18:40,440 Speaker 1: justices found something wrong with past. But but what Justice 318 00:18:40,440 --> 00:18:44,280 Speaker 1: but Ginsburg describing her descent, she just simply wouldn't go 319 00:18:44,359 --> 00:18:47,800 Speaker 1: as far as the other seven did. So she said, 320 00:18:47,800 --> 00:18:51,560 Speaker 1: there's certainly problems, there's infirmities with this this law that 321 00:18:51,600 --> 00:18:54,679 Speaker 1: Congress passed twenty six years ago. I just wouldn't go 322 00:18:54,720 --> 00:18:56,880 Speaker 1: as far as to wipe it off the board. There's 323 00:18:56,880 --> 00:18:59,600 Speaker 1: a there's a sliver of of past, but that she 324 00:18:59,680 --> 00:19:04,320 Speaker 1: thought could be retained. Obviously, seven out of nine didn't 325 00:19:04,359 --> 00:19:08,080 Speaker 1: agree with that. Only only two did so she did dissent, 326 00:19:08,720 --> 00:19:11,159 Speaker 1: but for the purpose of that there was a portion 327 00:19:11,200 --> 00:19:14,320 Speaker 1: that could be preserved. But she certainly disagreed with all 328 00:19:14,359 --> 00:19:16,240 Speaker 1: of it being wiped off the board. And that's what's 329 00:19:16,240 --> 00:19:20,520 Speaker 1: so important here for the Supreme court to issue a 330 00:19:20,640 --> 00:19:23,920 Speaker 1: ruling in this case seven too, that's struck down the 331 00:19:24,200 --> 00:19:29,040 Speaker 1: entire statute the Congress passed. I'd have to go through 332 00:19:29,080 --> 00:19:32,119 Speaker 1: the through the record books. That just doesn't happen very often. 333 00:19:32,160 --> 00:19:35,720 Speaker 1: It's incredibly rare. And the two cases that that Ted 334 00:19:35,720 --> 00:19:39,359 Speaker 1: Olsen in New Jersey's legal team relied on to get 335 00:19:39,400 --> 00:19:43,399 Speaker 1: this result, even those two cases one was one was in. 336 00:19:44,520 --> 00:19:47,920 Speaker 1: Even those two cases didn't involve a statute that would 337 00:19:47,960 --> 00:19:50,959 Speaker 1: be wiped clean off the book, so to speak. So 338 00:19:51,000 --> 00:19:57,240 Speaker 1: this is certainly an incredible result. The core argument that 339 00:19:57,680 --> 00:20:00,840 Speaker 1: Governor Christie and now Governor Murphy's legal to even put forth. 340 00:20:01,720 --> 00:20:03,840 Speaker 1: Seven out of nine of the justices agreed with it. 341 00:20:04,040 --> 00:20:07,280 Speaker 1: And this is just an incredible victory for New Jersey. 342 00:20:07,720 --> 00:20:13,200 Speaker 1: So what do you think Congress does react? So Congress, 343 00:20:13,240 --> 00:20:16,800 Speaker 1: to a to a certain extent, has already reacted somewhat, 344 00:20:16,840 --> 00:20:20,600 Speaker 1: and that there is one pending bill that has been 345 00:20:20,640 --> 00:20:24,720 Speaker 1: formally introduced. It's gotten no traction whatsoever. It will be 346 00:20:24,800 --> 00:20:28,560 Speaker 1: revisited at this point Congress if they want to play 347 00:20:28,560 --> 00:20:32,560 Speaker 1: a role in sports betting regular regulation, which is what 348 00:20:32,880 --> 00:20:36,200 Speaker 1: NBA Commissioner Adam Silver wants them to do. He continues, 349 00:20:36,240 --> 00:20:39,200 Speaker 1: to talk about how a federal framework is preferred as 350 00:20:39,200 --> 00:20:43,560 Speaker 1: opposed to a patchwork of individual states passing these laws. 351 00:20:44,320 --> 00:20:47,679 Speaker 1: Congress would have to move pretty quick because individual states 352 00:20:47,920 --> 00:20:50,919 Speaker 1: simply aren't waiting. I mean they're they have pending bills 353 00:20:50,920 --> 00:20:55,080 Speaker 1: already out there that could get enacted fairly quickly. If 354 00:20:55,160 --> 00:20:58,159 Speaker 1: Congress were to do it, what they'll have to do 355 00:20:58,520 --> 00:21:02,040 Speaker 1: is somehow deputize is whether it's the Federal Trade Commission, 356 00:21:02,240 --> 00:21:08,480 Speaker 1: whether it's the Commodity Futures Trading Commissioners, some government entity 357 00:21:08,560 --> 00:21:11,919 Speaker 1: to oversee the regulation of sports betting. Because that's the 358 00:21:11,920 --> 00:21:14,800 Speaker 1: whole problem with with how this federal band was written. 359 00:21:14,840 --> 00:21:18,679 Speaker 1: Twenty six years ago, there was no federal policy in 360 00:21:18,800 --> 00:21:21,919 Speaker 1: terms of regulating sports betting. It simply told the states 361 00:21:21,960 --> 00:21:24,840 Speaker 1: what they can't do seven out of nine, and Supreme 362 00:21:24,840 --> 00:21:27,080 Speaker 1: Court Justice says that's not the way it works. You 363 00:21:27,160 --> 00:21:30,199 Speaker 1: just simply can't do that. So if Congress is going 364 00:21:30,240 --> 00:21:33,920 Speaker 1: to do it, they'd have to completely rework and retool 365 00:21:34,080 --> 00:21:36,280 Speaker 1: the way that they want to regulate sports betting, and 366 00:21:36,840 --> 00:21:39,800 Speaker 1: maybe they do that through a an SEC Securities and 367 00:21:39,840 --> 00:21:44,800 Speaker 1: Exchange Commission type of entity that actually actively regulates this. 368 00:21:44,960 --> 00:21:47,080 Speaker 1: But it's simply telling states what they can and can't 369 00:21:47,080 --> 00:21:49,560 Speaker 1: do in an area that that the federal government chooses 370 00:21:49,600 --> 00:21:52,679 Speaker 1: not to regulate him. Because this is a definitive statement 371 00:21:52,720 --> 00:21:56,040 Speaker 1: that Congress can't do it that way, So you would 372 00:21:56,160 --> 00:21:59,320 Speaker 1: involve some some novel thinking, and you just simply couldn't 373 00:21:59,320 --> 00:22:03,600 Speaker 1: be a at ban or a flat permission. Individual states 374 00:22:03,600 --> 00:22:06,160 Speaker 1: are going to want to retain some autonomy there too, 375 00:22:06,200 --> 00:22:08,600 Speaker 1: because they want the tax revenue and they feel like 376 00:22:08,720 --> 00:22:11,760 Speaker 1: they can do it much better than the federal government can. 377 00:22:11,880 --> 00:22:16,040 Speaker 1: So whether Nevada and your Jersey, some of these other 378 00:22:16,119 --> 00:22:20,119 Speaker 1: states that that have bills now on the books that 379 00:22:20,160 --> 00:22:23,439 Speaker 1: they're being considered, they'll probably be a coming kind of 380 00:22:23,520 --> 00:22:28,440 Speaker 1: policy legal fight over Capitol Hill versus individual state legislatures. 381 00:22:28,480 --> 00:22:30,359 Speaker 1: But that's that's a little bit down the road at 382 00:22:30,359 --> 00:22:33,439 Speaker 1: this point. UH certainly need to wait to see what, 383 00:22:33,520 --> 00:22:36,440 Speaker 1: if anything, Congress does, and they can certainly choose to 384 00:22:36,480 --> 00:22:39,240 Speaker 1: do nothing. I mean this, certainly there's a long history 385 00:22:39,280 --> 00:22:44,240 Speaker 1: of of decades, if not centuries, of individual states taking 386 00:22:44,280 --> 00:22:48,120 Speaker 1: the lead on gaming regulations. So that's probably the path 387 00:22:48,160 --> 00:22:51,720 Speaker 1: of least resistance in terms of giving states the prerogative 388 00:22:51,760 --> 00:22:56,600 Speaker 1: whether they want this or not. You UH and I 389 00:22:56,640 --> 00:22:59,280 Speaker 1: were on a panel at the Sloan Sports Conference at 390 00:22:59,359 --> 00:23:04,200 Speaker 1: M I T. So I said, handicapped for me, Ryan Rodenberg, 391 00:23:04,320 --> 00:23:07,119 Speaker 1: how long you think before sports betting is legal? You 392 00:23:07,240 --> 00:23:11,480 Speaker 1: predicted it would happen legislatively before it happened judicially. No way, 393 00:23:11,680 --> 00:23:13,840 Speaker 1: I mean, I'm getting this wrong. You predicted that it 394 00:23:13,840 --> 00:23:17,960 Speaker 1: would be legal in four years, which was close. If 395 00:23:18,000 --> 00:23:21,040 Speaker 1: I remember the way you framed the over under. You 396 00:23:21,119 --> 00:23:25,480 Speaker 1: just asked into the how long until sports betting is legalized? 397 00:23:25,680 --> 00:23:28,560 Speaker 1: And I think I said four and a half years, 398 00:23:28,600 --> 00:23:30,159 Speaker 1: but maybe I did sing four, but I think I 399 00:23:30,160 --> 00:23:32,560 Speaker 1: said four and a half years. So in this case, 400 00:23:32,640 --> 00:23:36,000 Speaker 1: the underworld of cash if you had a ticket for 401 00:23:36,040 --> 00:23:39,040 Speaker 1: the under on that one. But uh, in terms of 402 00:23:39,080 --> 00:23:43,240 Speaker 1: the legislative outcome versus the judicial one, I mean, to 403 00:23:43,280 --> 00:23:46,080 Speaker 1: a certain extent, they've kind of moved on parallel tracks. 404 00:23:46,160 --> 00:23:48,639 Speaker 1: But when we talked about this at the M I T. 405 00:23:48,760 --> 00:23:53,040 Speaker 1: Sloane Conference in and even the later panels that you've 406 00:23:53,080 --> 00:23:56,000 Speaker 1: moderated there, at that time, none of us were thinking 407 00:23:56,040 --> 00:23:58,960 Speaker 1: that upwards of two dozen states would just, you know, 408 00:23:59,040 --> 00:24:02,919 Speaker 1: latterly start having sports betting bills in the absence of 409 00:24:02,960 --> 00:24:05,840 Speaker 1: some direction from the Supreme Court. But they now have 410 00:24:06,040 --> 00:24:09,280 Speaker 1: that direction. I just I can't recall back at the 411 00:24:09,680 --> 00:24:12,040 Speaker 1: at the time of the panel whether we even contemplated 412 00:24:12,080 --> 00:24:15,160 Speaker 1: that all of these states would start moving forward even 413 00:24:15,200 --> 00:24:18,440 Speaker 1: though the federal band was technically still in place. Well 414 00:24:19,040 --> 00:24:20,959 Speaker 1: under the next steps, it's still going to be interesting. 415 00:24:21,000 --> 00:24:22,920 Speaker 1: There's still a lot to unpack. There's still a lot 416 00:24:22,960 --> 00:24:26,800 Speaker 1: to uncover. Ryan Rodenberg covering it for Action Network dot Com, 417 00:24:26,840 --> 00:24:30,480 Speaker 1: Sports law professor at Florida State Avid Supreme Court Watcher, 418 00:24:30,520 --> 00:24:32,880 Speaker 1: You've done a phenomenal job with this. Thank you so much. 419 00:24:33,080 --> 00:24:35,320 Speaker 1: Thanks Tad. We'll stay on top of it. Thanks brother,