Encouraged by the language in the dissenting opinions from the Third Circuit on Christie II, New Jersey petitioned for a writ of certiorari from the Supreme Court in October 2016. The state specifically asked the question "Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of States?," citing New York v. United States, , as precedent. The Court accepted to hear the case June 27, 2017. The case was combined with NJ Thoroughbred Horsemen v. NCAA, a petition to the Supreme Court filed by the New Jersey Thoroughbred Horsemen's Association (NJTHA) who had joined the state in its case in the District and Third Circuit court. The NJTHA is the licensed permit for gambling at Monmouth Park Racetrack, and they argued that because of the lower courts' stance on PASPA from Christie II, the economic viability of the Racetrack was at a severe economic disadvantage without the legal authority to bet on horse races. While they filed their petition separately to reflect the commercial impact of the situation, their question to the Supreme Court was the same of whether PASPA commandeered power from the states.
