Even if it was legal, the amount of sports betting on the Super Bowl in New Jersey was probably significantly reduced by the Giants’ awful 0-5 start. However, a federal appeals court in Philadelphia ruled in a 2-1 decision last month that New Jersey does not have the right to legalize sports betting, a blow to the state’s casinos and horse racing tracks which would have benefited from the potential millions of dollars in revenue generated by the game being played at MetLife Stadium.

Lawyers for the state had maintained that the U.S. Professional and Amateur Sports Protection Act of 1992 allowed sports betting in four states which were grandfathered under the act. They also argued it violates the 10th Amendment which says the states can regulate when the federal government doesn’t.

New Jersey Governor Chris Christie said the state will appeal the ruling to the U.S. Supreme Court but it is unlikely the case will be heard before February’s Super Bowl, if at all. In the ruling, judge Julio Fuentes wrote, “It is hard to see how Congress … can be found to regulate how a state regulates, if it does not require it to do anything at all.” Judge Thomas Vanaskie disagreed, saying the act “prohibits states from authorizing sports gambling and thereby directs how states must treat such activity.”

Sports betting is a multi-billion dollar industry and the game figures to be even more anticipated than usual because it will be the first Super Bowl in the North region and will be played in the New York metropolitan area. Cold-weather elements, such as snow, could play a factor for the first time.

Read more about the losses from the lack of betting on the Super Bowl at Forbes.