Published On: Wed, Mar 7th, 2018

No Supreme Court Judgment on Sports Betting: Legislators Anticipate PASPA Repeal

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The Supreme Court has decided to sit on the fence and not to pass a ruling on the New Jersey’s appeal for federal prohibition of sports betting in the state.


The lawyers in New Jersey had earlier challenged the PASPA or the Professional and Amateur Sports Protection Act as being unconstitutional and appealed the Supreme Court to repeal it. The PASPA is a federal statute that was enforced back in 1992. According to the stipulates of the PASPA, both professional, as well as collegiate sports betting, is considered illegal in all the other US states except Oregon, Montana, Delaware, and Nevada. These four states were excluded from the PASPA as they already had sports wagering legal at the time the legislation was passed.


As such, the state of New Jersey pointed out that according to the Tenth Amendment interpretations, the federal government does not have the right to force certain states to follow a particular regulation and exempt a few others. In essence, it is illegal to allow a handful of states to cash in on certain opportunities while denying similar rights to the other states as well.


According to Daniel Wallach who is a gaming law expert, this case can be rightly judged as one of the most critical federalism cases the Supreme Court has taken up in a long time. When the Supreme Court conducted the PASPA hearing in December, a large number of the justices revealed that they stood in the favor of the plaintiff’s case and the individual states should be allowed to take their own decisions upon whether or not they wish to have their own set of sports betting laws. Also, the federal government should not favor certain states allowing them to legalize sports wagering while forbidding the others a similar right.


As per the statistics revealed by online survey websites, a majority of the people in the country believe that the Supreme Court of the United States is likely to rule in the favor of New Jersey and repeal the Professional and Amateur Sports Protection Act. As reported by the experts, the SCOTUS might either rule the law in New Jersey’s as illegal and not legally binding to repeal any federal regulation or decide to completely repeal the PASPA ban across all states in clear violation of the Tenth Amendment.

About the Author

- iGaming & land based specialist reporter for the global gaming market