By David Madden

TRENTON, N.J. (CBS) – New Jersey formally appealed a federal judge’s decision which put the brakes on the state’s plan to regulate sports betting, mostly through Atlantic City casinos.

The motion from the Christie Administration to the Third Circuit Court of Appeals in Philadelphia was not unexpected.

In fact, the governor himself has vowed to take the issue to the Supreme Court, if need be.

Noted gaming attorney I. Nelson Rose, based at the Whittier Law School in California, believes the federal law limiting sports betting to four states will, at some point, be overturned.

“I was surprised that the trial court decided in favor of upholding this federal law which, to me, is clearly unconstitutional,” says Rose.

But whether New Jersey’s challenge will get to the high court is another matter.

Still, other states are also looking at sports betting and Rose believes an appeals court more likely to side with those efforts probably out west could provide the Justices with the avenue to re-examine the federal statute.