MONTPELIER, Vt. — Attorneys for a Vermont man facing a federal death penalty trial are using a recent U.S. Supreme Court ruling that could expand sports betting nationwide to ask a judge to declare the punishment unconstitutional.

Last week’s Supreme Court ruling invalidated a federal law that required most states to outlaw sports betting. The court said the law violated the 10th Amendment, which limits federal power over the states.

Attorneys for Donald Fell, who’s facing a second death penalty trial, argued in paperwork Monday that the federal death penalty law requires help from state officials — so that’s also unconstitutional for the same reason.

Fell’s facing a death penalty retrial for the 2000 killing of Terry King, of North Clarendon, Vt., who was abducted when she arrived for work at a Rutland supermarket.

Vermont Law School Professor Peter Teachout says Fell’s filing is “really quite a creative argument.”