May 14, 2018
Murphy v. National Collegiate Athletic Association, No. 16-476
New Jersey Thoroughbred Horsemen’s Association, Inc. v. National Collegiate Athletic Association, No. 16-477
Decided May 14, 2018
The Supreme Court held 7-2 that a federal law prohibiting States from authorizing sports betting violates the Tenth Amendment because it impermissibly commandeers state legislatures.
A federal law – the Professional and Amateur Sports Protection Act of 1992 (PASPA) – prohibits States from authorizing or licensing sports gambling. In 2014, the New Jersey legislature repealed existing prohibitions on sports gambling at casinos and racetracks. The NCAA and the four major professional sports leagues sued the State, arguing that the decision to allow sports gambling violated PASPA.
Whether PASPA’s federal prohibition on state authorization of sports gambling violates the Tenth Amendment because it commandeers state legislatures.
Yes. PASPA unconstitutionally commandeers state legislatures by dictating the content of state law regarding sports gambling (i.e., preventing States from legalizing sports gambling).
“A more direct affront to state sovereignty is not easy to imagine.”
Justice Alito, writing for the majority
What It Means:
Gibson Dunn represented the winning party: Petitioners Philip D. Murphy, as Governor of the State of New Jersey, et. al.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding developments at the Supreme Court. Please feel free to contact the following practice leaders:
Appellate and Constitutional Law Practice
|Caitlin J. Halligan
|Mark A. Perry
|Nicole A. Saharsky
© 2018 Gibson, Dunn & Crutcher LLP
Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.