Bucks Writs - Spring 2019 - 26

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SPORTS GAMBLING IS MAINSTREAM
By Scott L. Feldman

Rarely has a Supreme Court decision had such an
immediate and widespread impact on popular culture.

in 2014, suits again followed, and the matter progressed
through the District Court and on appeal.

To the extent that amateur and professional sports
themselves are pervasive in our daily lives, the fact that
one can now gamble legally on them is, pardon the pun,
a game changer.

The Supreme Court held that PASPA's provision prohibiting
state authorizations of sports gambling schemes violates the
anticommandeering doctrine under the 10th Amendment
("Congress may not simply commandeer the legislative
process by directly compelling them to enact and enforce
a federal regulatory program" New York v. Unites States,
505 U.S. 144 (1992)). A recent Harvard law review article
examines the notion that while past anticommandeering
cases had involved affirmative commands that required
states to act, here, the respondents successfully argued that
PASPA merely required states to refrain from acting.

On May 14, 2018, Justice Samuel Alito delivered the opinion
of the Court in Murphy v. NCAA, 584 U.S. ___ (2018).
At issue was the State of New Jersey's appeal of a Third
Circuit decision upholding the Professional and Amateur
Sport Protection Act ("PASPA"). Congress passed the Act
in 1992 to prohibit state sanctioned sports gambling,
with exceptions for sports wagering in Nevada and sports
lotteries in Delaware and Oregon. New Jersey's opposition
to PASPA dates back to a voter referendum in 2011 in
which 64% voted in favor of allowing sports gambling. The
legislature subsequently passed an Act permitting wagering
at its casinos and racetracks. The four major professional
sports leagues and the NCAA successfully sued under
PASPA. The New Jersey legislature then passed a second law

In any event, up to fifteen states now offer legalized sports
gambling, with more to come. Not surprisingly, New Jersey,
with its Atlantic City casino infrastructure in place, was
among the first. In New Jersey, not only can one place bets
in the brick and mortar sports books, one can also bet
online. Several companies offer sports gambling by app,

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Bucks Writs - Spring 2019

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https://www.nxtbook.com/hoffmann/BucksWrits/BucksWritsSpring2020
https://www.nxtbook.com/hoffmann/BucksWrits/Winter2020
https://www.nxtbook.com/hoffmann/BucksWrits/Fall2019
https://www.nxtbook.com/hoffmann/BucksWrits/Summer2019
https://www.nxtbook.com/hoffmann/BucksWrits/Spring2019
https://www.nxtbook.com/hoffmann/BucksWrits/Winter2019
https://www.nxtbook.com/hoffmann/BucksWrits/Fall2018
https://www.nxtbook.com/hoffmann/BucksWrits/Summer2018
https://www.nxtbook.com/hoffmann/BucksWrits/Spring2018
https://www.nxtbook.com/hoffmann/BucksWrits/Winter2018
https://www.nxtbook.com/hoffmann/BucksWrits/Fall2017
https://www.nxtbook.com/hoffmann/BucksWrits/Summer2017
https://www.nxtbook.com/hoffmann/BucksWrits/Spring2017
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