Coming Soon to SCOTUS: Federal Sports Betting Ban vs. the 10th Amendment

What's at stake next week in Christie v. N.C.A.A.

The U.S. Supreme Court will hear oral arguments on Monday in a 10th Amendment case that pits the state of New Jersey against both the federal government and the biggest names in professional and amateur sports. It will be a constitutional clash between federalism and federal power.

The case is Christie v. National Collegiate Athletic Association. In a new video produced by the Federalist Society, I explain the legal issues at stake in this high-profile dispute. Does the federal government have the lawful power to prevent New Jersey from partially legalizing sports betting in its casinos and racetracks? Or does the 10th Amendment shield the state from the federal government's reach? Click below to watch.

Comments

[Crusty Juggler]

Gambling can ruin lives so it should remain illegal.

[H. Farnham]

Thank you. And plus, I heard that there are marijuanas in casinos sometimes.

[loveconstitution1789]

I hope somebody mentions Nevada's legal sports betting history in this case.

[mashed potatoes]

If your case ever relies on a pro tenth ruling, you're fucked.

[shamrock]

There is a subtlety in New Jerseys case which claims that New Jersey is not violating PASPA. PASPA prohibits a state from authorizing or operating a sports gambling operation, Jersey simply removed any penalty and is not operating or regulating it. Therefore, they are not in violation of PASPA, but the racetracks and casinos will be offering sports betting in an entirely unregulated environment, which is what most of the leagues object to.

[FreeRadical]

This is what I was thinking too. If I understand correctly, New Jersey does not want to pass a proactive law. That is, a law that empowers the state to do something. It wants to repeal a law. How this could conflict with any federal law or action escapes me. The fed's side seems to be a crystal-clear case of violating the anti-commandeering doctrine.

I can't see how that is any different than the states that have repealed their marijuana prohibition.

[Kyfho Myoba]

> PASPA prohibits a state from authorizing or operating a sports gambling operation

The state doesn't authorize us to take dumps, but we all do it anyway. What are the feds going to say, that whatever is not authorized is prohibited and that what is not prohibited is mandatory?

I guess it would be kind of nice to actually have this on the record.

[Kivlor]

There is no hope that this ends well for New Jersey. Two words guys: "Commerce Clause"

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