A Simple Explanation of the Supreme Court’s Sports Gambling Decision
"Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own."
Let’s get a few things out of the way
1. There has never been a federal ban on sports gambling. It isn’t illegal and there is not, nor has there ever been, a federal law saying you can’t bet on sports.
2. You won’t be able to go out tomorrow and throw money on Warriors -5 just because the Supreme Court says you can.
Ok good. Here’s a quick and simple explanation for what just happened.
For a very long time a group of professional and amateur sports leagues joined forces to prevent people from gambling on sports. Led by David Stern, the commissioner of the NBA at the time, all major sports leagues and the NCAA helped a senator from New Jersey pass a law called the Professional and Amateur Sports Protection Act (PAPSA). Simply put, the law made it unlawful for a state government entity or a person to sponsor, operate, advertise, or authorize by law any form of gambling or betting on professional and amateur sports. Now this sounds like a federal ban on gambling, but it isn’t and here is why.
The law made it specifically clear that any legal gambling operations would not be affected (i.e. Vegas and Horsetracks among others). Additionally, the law did not prevent people from betting money on sports, as you could still go to Vegas, go to a horsetrack, or play fantasy sports for cash prizes. The law instead only prevented state governments from passing a law that would allow people to bet on sports. Seems arbitrary and it is, but this arbitrary difference is exactly why the Supreme Court decided to reverse today.
PAPSA has been challenged in court since 2012. Former Gov. Chris Christie challenged the law originally when he wanted to allow Atlantic City casinos to accept sports bets. He ultimately lost before ever reaching the Supreme Court. He tried again in 2014 this time using a different approach. Christie challenged PAPSA saying it violated the “anticommandeering” doctrine of the 10th Amendment. In simple terms, the doctrine says congress can’t order states to force or adopt laws when the federal government itself has not adopted those laws. This is where the arbitrary difference comes into play.
If the federal government has a law, and a state government has a law, the federal law must be followed in the event of a conflict (Supremacy clause). This is why on issues like gay marriage, abortion, etc. the federal law is enforced even if states may not like it. However, if there is no federal law, then the federal government cannot force states to change or implement laws. Governor Christie recognized this and argued that PAPSA was forcing states to ban gambling, when there was no federal law that outlawed gambling. Christie thought it should be up to New Jersey to decide if they would allow sports gambling in New Jersey. As it turns out, the Supreme Court agrees.
The decision today states that PAPSA was in violation of the anticommandeering doctrine. The law was unconstitutional because by it forced states to enact federal policy that didn’t exist. The Supreme Court has decided, as shown by the definitive quote above, if Congress has not chosen to regulate gambling, then States should be free to do so as they choose.
What happens now?
States now can choose to allow sports gambling. This doesn’t mean they all will and it doesn’t mean you can go place bets tomorrow. It means that every state now must individually draft and pass a law that says you can gamble on sports in their state. Nevada already allows this, as does Delaware, Oregon, and Montana. New Jersey now can move forward with their law and allow sports betting at Atlantic City Casinos and Horsetracks. This should move quickly and gambling will happen within the next few weeks in NJ. All other states will could take anywhere from a few months to a few years to pass any laws that allow sports gambling. State legislatures move slowly, the industry must be regulated, and many states don’t even allow gambling except at casinos on tribal lands. These states would need to figure how and where they are going to allow sports gambling.
For now though, this is a big step in allowing the legalization of sports gambling. Also, be prepared for about a million fan duel and daily fantasy commercials. Good thing those aren’t annoying.

















