Ashby & Geddes Appointed Counsel by the Delaware Supreme Court to Address the Constitutionality of the State’s Proposed Sports Lottery

Ashby & Geddes recently was appointed, pro bono, by the Delaware Supreme Court to argue the negative position against Governor Markell’s request for an opinion of the Justices on the constitutionality of the Governor’s proposed sports lottery.  The Delaware Constitution bans gambling except for State-run lotteries, which must be games predominated by chance.  At the heart of the issue then was whether the Governor’s proposed sports lottery, which included single-game betting, involved games predominated by chance.  After briefing and oral argument, the Court determined that bets involving the outcome of multiple elements or games are lotteries, but declined to opine on whether single game betting would be predominated by chance as required by the Delaware Constitution.

A team of Ashby & Geddes attorneys, including Lawrence C. Ashby, Richard D. Heins, Catherine A. Gaul and Toni-Ann Platia, worked on the matter.  You may view a copy of the Supreme Court’s opinion here.