NCAA, Pro Sports Leagues To US Supreme Court: Sports Betting Ban Is Constitutional
Dustin Gouker, October 16, 2017
This is a developing story and will be updated.
The NCAA and the pro sports leagues argued in their US Supreme Court brief today that the federal sports betting ban is constitutional. The New Jersey sports betting case — in which the state is attempting to legalize single-game wagering — is set for arguments in December.
What’s in the New Jersey sports betting brief
The brief from attorney Paul Clement — representing the NCAA, NFL, NBA, NHL and Major League Baseball — pushes back against the idea that federal law “commandeers” states to act on sports betting.
Here is the crux of the leagues’ argument from today’s brief regarding PASPA, the federal law banning sports betting outside of Nevada:
PASPA lacks the irreducible minimum of any successful commandeering claim: It does not compel states or state officials to do anything. States are not required to enact laws, to take title to something, to conduct background checks, to consider federal standards, to expend funds, or to enforce federal law. Proving the point, New Jersey fully complied with PASPA for two decades without doing anything.
That is because PASPA only prohibits states from sponsoring, operating, advertising, or promoting sports-gambling schemes, and prohibits states from licensing or authorizing third parties to engage in that conduct. PASPA does not force states to take any affirmative action to comply with those prohibitions.
Thus, while petitioners portray PASPA as an anomalous effort to enlist states to do the federal government’s bidding, the reality is that PASPA is an unremarkable effort to preclude states from engaging in certain conduct and to preempt state laws that license or authorize others to do the same.
The state of New Jersey has argued in the case that PASPA is unconstitutional, saying it commandeers states to carry out the federal prohibition.
What’s next for the NJ sports betting case?
Oral arguments will take place in the nation’s highest court on Dec. 4.
The court will then consider the arguments, briefs and the law in play. A decision would likely come sometime in the first half of 2018. A wide range of outcomes are possible in the case. Those include PASPA staying on the books and NJ being unable to offer sports wagering, to striking the law down in whole or in part on constitutional grounds.
The latter scenario could open up the possibility of other states being able to legalize sports betting.
Meanwhile, two New Jersey Congressmen have asked for hearings on the issue of sports betting.
Dustin Gouker, October 16, 2017
This is a developing story and will be updated.
The NCAA and the pro sports leagues argued in their US Supreme Court brief today that the federal sports betting ban is constitutional. The New Jersey sports betting case — in which the state is attempting to legalize single-game wagering — is set for arguments in December.
What’s in the New Jersey sports betting brief
The brief from attorney Paul Clement — representing the NCAA, NFL, NBA, NHL and Major League Baseball — pushes back against the idea that federal law “commandeers” states to act on sports betting.
Here is the crux of the leagues’ argument from today’s brief regarding PASPA, the federal law banning sports betting outside of Nevada:
PASPA lacks the irreducible minimum of any successful commandeering claim: It does not compel states or state officials to do anything. States are not required to enact laws, to take title to something, to conduct background checks, to consider federal standards, to expend funds, or to enforce federal law. Proving the point, New Jersey fully complied with PASPA for two decades without doing anything.
That is because PASPA only prohibits states from sponsoring, operating, advertising, or promoting sports-gambling schemes, and prohibits states from licensing or authorizing third parties to engage in that conduct. PASPA does not force states to take any affirmative action to comply with those prohibitions.
Thus, while petitioners portray PASPA as an anomalous effort to enlist states to do the federal government’s bidding, the reality is that PASPA is an unremarkable effort to preclude states from engaging in certain conduct and to preempt state laws that license or authorize others to do the same.
The state of New Jersey has argued in the case that PASPA is unconstitutional, saying it commandeers states to carry out the federal prohibition.
What’s next for the NJ sports betting case?
Oral arguments will take place in the nation’s highest court on Dec. 4.
The court will then consider the arguments, briefs and the law in play. A decision would likely come sometime in the first half of 2018. A wide range of outcomes are possible in the case. Those include PASPA staying on the books and NJ being unable to offer sports wagering, to striking the law down in whole or in part on constitutional grounds.
The latter scenario could open up the possibility of other states being able to legalize sports betting.
Meanwhile, two New Jersey Congressmen have asked for hearings on the issue of sports betting.
