Casino Watch Focus has reported on the ongoing saga of events surrounding New Jersey’s attempt to legalize sports betting in their state. All attempts have resulted in failure and this latest attempt has managed to reach the Supreme Court. The issue at hand is the constitutionality of the Professional and Amateur Sports Protection Act (PASPA). The Federal government has long held sport betting to be illegal outside of a few jurisdictions. They passed PASPA and allowed existing jurisdictions like Las Vegas to continue to offer it. The rest of the states would not be allowed to legalize it. Years later, after New Jersey missed its window to seek sports betting, they have decided they and other states should be allowed to regulate it and that Federal Government interference is a violation of federalism. The NFL, along with the other pro sports leagues and the NCAA, have long opposed expansion of sports betting. Casino Watch Focus reported that they filed their own brief to the Supreme court outlining that the federal government cant command a state government into an action, an act known as impermissible commandeering, but they are fully allowed to the federal government to preempt state action to contravene federal policy. The Department of Justice has long held this same belief and now the Trump Administration has formally filed its own brief outlining PASPA supporting arguments. An online source reports:
President Donald Trum has been feuding with the NFL in recent weeks over the national anthem controversy. But the Trump administration, via the *Solicitor General’s office*, is supporting the NFL in its ongoing case to stop *New Jersey* from offering sports betting. The Solicitor General says that SCOTUS should uphold the lower courts’ finding that New Jersey’s partial repeal of its sports betting ban did not go far enough to be legal under PASPA.
The leagues have argued that the New Jersey law essentially licenses casinos and horse racing tracks to conduct sports wagering. That puts the state in violation of PASPA, the SG argues. New Jersey argues that PASPA unconstitutionally commandeers it to keep its own laws on the books when it comes to not allowing sports betting. But the SG argues PASPA’s “preemption of state laws authorizing sports-gambling schemes does not violate the Tenth Amendment.”
In addition to the briefs filed by the major sports organizations, the NCAA, and the DOJ, 30 advocacy and political organization have combined to offer their own brief. The addressed the federalism issue head on, but also expanded on why the federal government has compelling interest is preempting gambling expansion on the state level, namely the social costs. An online source explains:
On Monday a broad coalition of organizations led by Stop Predatory Gambling filed an amicus brief (“friends of the court”) in the Supreme Court of the United States, supporting the NCAA, NFL and major professional sports in their opposition to New Jersey’s case seeking to bring sports betting into the state.
Stop Predatory Gambling And a Range of Political and Advocacy Groups Support PASPA In a Brief Focusing on Social Costs of Gambling. The 30 groups, which include the Public Health Advocacy Institute and Concerned Women for America, spend the majority of the 33-page brief discussing negative effects and social costs of gambling.
The groups are “united in their opposition to the exploitation of American communities through commercial gambling” the brief reads.
Later in the brief, the groups highlight research papers discussing gambling addiction, personal bankruptcies and elevated divorce rates associated with problem gambling, as well as financial costs to states themselves (such as crime) in connection with increased gambling activity. The paper also points a 2015 study by Rachel A. Volberg et al. of the University of Massachusetts School of Public Health and Health Sciences, showing a higher prevalence of gambling problems among sports bettors as compared with other forms of gambling, such as instant lottery games and casino games.
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