The Supreme Court has asked the United States Solicitor General to weigh in on New Jersey’s challenge to the federal restrictions on state authorized sports wagering. The Court has not decided whether to hear the case, but its request to the Solicitor General is interesting in at least two respects.
First, the Court did not reject New Jersey’s appeal out of hand. Asking the Solicitor General for a brief signals that the justices view the issues as important, novel or one where the state of the law may be evolving. They are giving due consideration to New Jersey’s arguments. Second, the Solicitor General’s position may be an early indication of the new administration’s position on gaming issues and the relative authority of state and federal governments. In fact, the brief may signal the administration’s view not only on gaming issues but on the relationship between federal and state governments respecting the regulation of gaming, guns and many other issues.