Sport Betting Case Before SCOTUS has Tenth Amendment Ramifications

Sport Betting Case Before SCOTUS has Tenth Amendment Ramifications


Tenth Amendment Center by Peter Weyrich

Last week, the Supreme Court heard testimony on a case that could reinvigorate the Tenth Amendment of the Constitution. Surprisingly, it’s all about football and sports betting in the State of New Jersey. The results of Governor of New Jersey v. National Collegiate Athletic Association may have consequences for a range of issues, including gun control, medical/recreational marijuana, and healthcare.

The issue concerns the 1992 Professional and Amateur Sports Protection Act (PASPA). PASPA, outlawed all online gambling, with some exceptions for states that already had sports betting programs in place. Waivers were provided to Delaware, Montana, and Oregon, as they already had well-established sports lotteries. Las Vegas also received an exemption for their licensed pools, including their sportsbooks and horse-racing. Additionally, PASPA included a one-year period for states like New Jersey, which already had existing casino gambling, to extend into the sports betting realm.

It took the New Jersey state legislature nearly two decades to finally pass the Sports Wagering Act of 2011. Although it took a referendum to prove the vast majority of New Jersey residents were interested in something more than just hitting the tables at their local casinos, nevertheless the regulation of sports betting became a reality within the state, but well after the PASPA time window[…]

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