Democracy Is on the Ballot: One Party Defends It, The Other Would Let It Die

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains why the 2020 Democratic National Convention was unlike any other political gathering in American history for reasons beyond its virtual platform. Sarat argues that the future of American democracy lies in the balance, and when we vote in November, it will be up to us whether democracy lives or dies.

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Monarch Content Management LLC v. Arizona Department of Gaming

Court: US Court of Appeals for the Ninth Circuit

Docket: 20-15047

Opinion Date: August 20, 2020

Judge: Andrew David Hurwitz

Areas of Law: Civil Rights, Constitutional Law, Gaming Law

The Ninth Circuit affirmed the district court's denial of a preliminary injunction in an action challenging Arizona Revised Statute 5-112(U). Section 5-112(U) requires, among other things, that any simulcast of live horseracing into Arizona that originates outside the state "must be offered to each commercial live-racing permittee … and additional wagering facility" in the state. The panel held that the Interstate Horse Racing Act of 1978 (IHA) does not preempt section 5-112(U). The panel also held that Monarch, a simulcast purchaser and sales agent for racetracks, and Laurel Park, a Maryland racetrack whose races Monarch simulcasts, had not shown a likelihood of success on the merits of their claims. The panel explained that the IHA does not address how the states can regulate simulcasts, and the Arizona statute does not address Laurel Park's statutory right to consent before interstate wagering on its races can be conducted. Therefore, it is not facially impossible to comply with both laws. Furthermore, the Arizona statute does not frustrate the intent of the IHA. The panel rejected plaintiffs' contention that section 5-112(U) is an unconstitutional regulation on commercial speech and a forbidden content-based restriction; rejected plaintiffs' Fourth Amendment and Due Process challenges; held that the Arizona statute does not violate the Dormant Commerce Clause; and held that the statute did not give rise to a Contract Clause claim.

Castanon v. Cathey

Court: US Court of Appeals for the Tenth Circuit

Docket: 19-6141

Opinion Date: August 14, 2020

Judge: Robert Edwin Bacharach

Areas of Law: Gaming Law

Plaintiffs owned two horses registered to race, but state racing officials determined that the horses were ineligible. The owners sued, alleging denial of due process in disqualifying one of the horses. The district court dismissed the claim based on the absence of a property or liberty interest. The owners asked the district court to alter or amend the judgment. The district court denied this request, and the owners appealed. Finding that the district court acted within its discretion in rejecting these arguments as a basis to alter or amend the judgment, as procedurally and substantively invalid, the Tenth Circuit affirmed the denial of the motion to alter or amend and dismissal of the suit.