The Supreme Court of the United States
The case rose through the court system when New Jersey and former Governor Chris Christie appealed a 2012 decision upholding PASPA in district court after the NCAA and all four major sports leagues filed suit following legislation to lift the Garden State’s ban on sports gambling. The Supreme Court ruled by overwhelming majority on Monday that PASPA violated the Tenth Amendment, which restricts the federal government from imposing legislation that outlaws states from enacting laws individually.
“A more direct affront to state sovereignty is not easy to imagine,” Justice Samuel Alito wrote.
Not only does Monday’s ruling allow New Jersey to collect taxes on legalized sports gambling, but other states can do so without impunity now, too, and online sports gambling websites are sure to seize on this opportunity. The practice was previously grandfathered in for Nevada under PASPA.
There are two strong arguments against this legislation — the addictive nature of sports gambling, especially among young fans, and the rampant corruption that threatens the integrity of athletics.
Neither impacts the constitutionality of PASPA. So, even as the Supreme Court abolished the law, its justices warned Congress of its important role moving forward in terms of regulating the practice.
“The legalization of sports gambling requires an important policy choice, but the choice is not ours to make,” Alito wrote in a 31-page brief on the court’s opinion. “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own. Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not.”
It’s happening anyway. Get it out into the open.
This was the stance originally put forth by Christie,
Estimates for the amount of money wagered on sports illegally in the U.S. annually ranges from the tens of billions to hundreds of billions, and