Supreme Court Decision Renders Sports Betting Legal In All 50 States: Professional And Amateur Sports Protection Act Deemed Unconstitutional
The US Supreme Court has recently struck down The Professional and Amateur Sports Protection Act (PASPA).
Previously, PASPA had forbidden sports gambling in all but four states. Of those states, Nevada was the only state that allowed single-game wagering. Las Vegas, Nevada had been taking in over $5 billion annually from legalized sports betting. The value of illegal sports betting had been estimated at over $100 billion annually. It is a good bet that other states will now want to get in on the sports betting action.
The US Supreme Court ruled 6-3 in favor of appellant New Jersey in Christie v. NCAA. Prior to the US Supreme Court’s decision, PASPA had granted New Jersey an exception in 1992 to allow sports-betting in New Jersey’s casinos. New Jersey had one year to set up a system. Yet, New Jersey waited 20 years before its legislature passed a law legalizing sports betting.
The NCAA and five major US sports leagues argued consequently that New Jersey’s law violated PASPA. They took New Jersey to court several times and prevailed in lower federal courts and the US Court of Appeals for the 3rd Circuit. New legislative efforts New Jersey decided to mount a constitutional challenge to PASPA.
The 10th Amendment of the Constitution generally provides that any power that the Constitution does not give to the federal government is reserved for the states. The Court has interpreted the 10th Amendment to bar the federal government from commandeering state governments in order to enforce federal law. Justice Alito wrote in the majority opinion, “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.
Single Game Sports Betting
The US Supreme Court’s decision means that New Jersey can now allow single-game sports betting. It also means that all other states are now free to introduce bills to legalize and regulate sports betting. The decision may even affect other topics more broadly, such as enforcement of federal marijuana laws in states that have legalized marijuana for recreational or medicinal use. The 10th Amendment may be the basis for Constitutional challenges to the federal government on these issues.
If you have been arrested for any gambling or marijuana-related offenses, call The Wright Law Group today. With over 20 years of experience in Criminal Law and Litigation, The Wright Law Group, P.C. is well-equipped to assist you. Call us now at (702) 405-0001. Our consultations are always free and confidential.