Delaware Supreme Court gives OK to sports betting

AP: “The Delaware Supreme Court says a proposed sports betting lottery does not conflict with the state constitution.”

In re Advisory Request of the Governor for an Advisory Opinion, No. 150 (Del. 2009)

The opinion concludes:

“Recognizing the difficulties that you and the General Assembly face in presenting a balanced budget for fiscal year 2010, we have attempted to answer your questions to the fullest extent possible. In our opinion, the sports lottery, as defined by H.S. No. 1 to H.B. 100, satisfies the State control requirement of Article II, Section 17 and does not impermissibly delegate legislative authority to the Lottery Director.43 We further conclude that the Delaware Constitution allows lotteries to involve an element of skill, but only where chance predominates.

Without specific details of the exact nature of an interplay of sports betting options, however, all that we can currently opine is that the Lottery Director’s designed games must assure that chance is the predominant factor.”