It does appear as though this approach has been repeated; there has been little in the way of justification for it in the eyes of the leagues. The sports leagues argue that this case is an optimal means of resolving the questions before the court and that these questions appear frequently. The leagues note that the questions they are asking the Supreme Court to resolve have been asked in at least five different circuit courts.
The leagues argue that the Supreme Court needs to step in here and resolve this matter before the different approaches lead to even greater inconsistent results across the country. In all likelihood, when the Supreme Court holds their conference on May 15 , this will be the last time they discuss this case. If you are a fan of wagering, you would be advised to put your money on the Horsemen, if for no other reason than the Supreme Court grants very few petitions — normally only between a year out of thousands of petitions.
In order for this case to stay at the Supreme Court and proceed to an oral argument a distant second in terms of the likelihood of possible events not including the possibility the case gets relist which effectively means the Court will deal with it at another conference , four justices would need to vote in favor of granting the petition.
John Holden J. His research focuses on policy issues surrounding sports corruption. Related Articles. View all posts by John Holden. Following the sports leagues filing suit against the Garden State and their co-defendants in New Jersey District Court, the leagues were required under Federal Rule of Civil Procedure 65 c to post a bond to secure the injunction.
Rule 65 c says:. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
The United States, its officers, and its agencies are not required to give security. After briefing and arguments which you may recall the leagues won at the District Court, the TRO was converted into a permanent injunction. In other words, because New Jersey and the Horsemen prevailed, the Court argued that they should be entitled to the bond.
The sports leagues argue that this decision conflicts with various other Circuit Court of Appeals across the country. It, instead, secures only against the risk that the district court itself may, upon full and final consideration of the merits, conclude that its view of the merits at the preliminary stage was mistaken.
Effectively, the leagues are arguing that the Third Circuit has misconstrued the language of rule 65 c. Penalizing parties for seeking temporary injunctive relief that they had a legal right to seek based on extant precedent creates terrible incentives for our judicial system.
A party with a clear legal entitlement to stop conduct causing it irreparable injury should not have to weigh the possibility that it might face millions of dollars in damages at the end of the litigation should the law that gives it that right be declared invalid. It is something that in less than two years since the Supreme Court decision has not to be demonstrable in the least.
Instead, the sports leagues have embraced regulated sports gambling perhaps the NCAA being an exception. However, as the petitioner leagues point out here, there does appear to be something of a Circuit Court split with regards to this issue.
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