The Potentially Far-Reaching Impact Of Sports Betting Case

By Cory Lapin (May 30, 2018, 12:03 PM EDT) -- The U.S. Supreme Court's May 14, 2018, decision in Murphy v. National Collegiate Athletic Association was focused on sports betting, however, the case at its core served as a stress test on the Tenth Amendment and state sovereignty.[1] Constitutional law prohibits the federal government from "commandeering," or compelling the states to take regulatory action that the Tenth Amendment would otherwise reserve to them. In Murphy v. NCAA, consolidated with its companion case, New Jersey Thoroughbred Horsemen's Association Inc. v. NCAA (referred to herein collectively as "Murphy"), the Supreme Court held that the Professional and Amateur Sports Protection Act violates the anti-commandeering doctrine.[2] Its decision not only allows states to legalize sports betting, but if applied broadly, could be construed as conferring substantially more power on states, in general, on issues ranging from gun control to legalization of marijuana....

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