In an attempt to legalize sports betting at the state’s casinos and racetracks, the New Jersey Thoroughbred Racing Association has appealed to the U.S. Supreme Court, which declined to hear the case after being petitioned two years ago, according to a NJ.com report.

In August, a federal appeals court found that a 2014 law signed by Governor Chris Christie to permit sports betting violated the Professional and Amateur Sports Protection Act of 1992 (PASPA), which bans all but Oregon, Delaware, Montana, and Nevada from such wagering. The 2014 law was an attempt by the state to circumvent the PASPA by allowing the state’s brick-and-mortar gaming industry to offer sports betting without the state’s approval or regulation. At the time, Christie suggested the possibility of a second appeal to the high court but conceded that the move would be a “long shot, as reported by the news agency. Only 1 percent of all petitions received are accepted by the Supreme Court.

The court’s decision blocked the state’s latest attempt to expand its gambling options beyond the horse-racing industry and Atlantic City, something Thoroughbred horsemen, who operate Monmouth Park in Oceanport say, is causing them to miss out on millions of dollars, according to the news agency.

Last month, former NBA Commissioner David Stern spoke at the American Gaming Association’s Global Gaming Expo in Las Vegas and called on other leagues to join in supporting the legalization of sports betting in the U.S. Stern’s opinion is shared by his successor, Adam Silver, who in Late 2014, called on Congress to create a framework for states to work within to regulate legal betting on professional sports.

Geoff Freeman, president and CEO of the American Gaming Association (AGA), said in a news release last year that, “Current law banning sports betting is clearly failing.” and, “The AGA is closely examining the current state of sports betting, the laws that govern it and the best way forward for the gaming industry.” According to the AGA, $90 billion worth of illegal bets will be wagered on NFL and college football games this season and just $2 billion of that will be bet legally.

While Oregon, Delaware, and Montana were grandfathered into the PASPA along with Nevada, the latter is the only state where traditional, full-fledged betting on professional and college sports through licensed bookmakers is legal. According to the AGA, “new research shows that football fans view sports betting as legitimate entertainment, despite a federal prohibition on sports betting in nearly every state.”

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