WILL SCOTUS BET ON FEDERALISM?
Author | Root, Damon |
Position | LAW |
NEW JERSEY IS on a constitutional collision course with the federal government--and with some of the biggest names in professional and college sports. At issue is whether Congress violates the 10th Amendment by forbidding the Garden State from partially repealing its statewide ban on sports betting.
Christie v. National Collegiate Athletic Association, which comes before the U.S. Supreme Court this term, has the makings to be one of the biggest federalism cases in years.
In 2012, New Jersey voters amended the state constitution to legalize sports betting at racetracks and casinos statewide. Lawmakers responded by partially lifting an existing ban on the practice.
But then the National Collegiate Athletic Association, the National Basketball Association, the National Football League, the National Hockey League, and the Office of the Commissioner of Baseball filed suit to thwart the effort. They argue the state has contravened the federal Professional and Amateur Sports Protection Act (PASPA), which made it illegal for "a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact" sports betting.
That federal law did contain exemptions for states such as Nevada, where sports gambling was already legal, and for Atlantic City, New
Jersey. But the overall purpose was to prevent states from legalizing sports betting. The Garden State is now fighting to get the feds off its back. "Never before has federal law been enforced to command a State to give effect to a state law that the State...
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