By: Ryan M. Rodenberg
Published: November 12, 2019
Introduction
The Supreme Court sports betting case was built on a foundation of sealed files—including expert reports and depositions—that remain shielded from public scrutiny over a year since the Supreme Court’s ruling was released. This paper is motivated by such secrecy and has a three-pronged purpose. First, this paper provides a comprehensive accounting of the expert testimony, commissioned studies, depositions, and other sealed files within the broader context of the Supreme Court case that opened up legalized sports betting nationwide. To do so, this paper traces the case back to its origins on August 7, 2012 when a group of five sports leagues—the National Collegiate Athletic Association (“NCAA”), National Basketball Association (“NBA”), National Hockey League (“NHL”), National Football League (“NFL”), and Major League Baseball (“MLB”)—sued then-New Jersey Governor Chris Christie and other state officials alleging a violation of the Professional and Amateur Sports Protection Act (“PASPA”).
PASPA was enacted in 1992 and restricted sports betting to Nevada and a small number of other states. The five leagues alleged that they were ‘injured’ and ‘irreparably harmed’ by legalized sports wagering and that New Jersey’s new sports betting law violated PASPA. New Jersey argued that PASPA was unconstitutional. The Supreme Court ruled in favor of New Jersey. Second, this paper outlines the contours of the right to access court documents derived from both the First Amendment and common law. Third, this paper anticipates what could be gleaned from the unsealing of the still-secret documents if a third party successfully intervenes in the case now.