States free to gamble, court rules
Law to protect sports’ integrity unconstitutional
WASHINGTON – New Jersey won a landmark ruling from the Supreme Court on Monday that could lead many states to legalize betting on college and professional sports.
The justices ruled 6-3 that a 25-yearold federal law that has effectively prohibited sports betting outside Nevada by forcing states to keep prohibitions on the books is unconstitutional. The ruling could set the stage for other states to expand legalized gambling as a source of government revenue.
Justice Samuel Alito, a New Jersey native, wrote the court’s opinion in the case. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, and Justice Stephen Breyer dissented in part.
“Congress can regulate sports gambling directly, but if it elects not to do so, each state is free to act on its own,” Alito said. “Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution.”
It was a victory for the state’s recently departed governor, Chris Christie, who challenged the Professional and Amateur Sports Protection Act, passed by Congress in 1992 to preserve the integrity of the nation’s most popular sports. He and other proponents sought the ruling to help the state’s ailing casinos and racetracks.
It was a defeat for the National Collegiate Athletic Association and the four major professional sports leagues — baseball, football, basketball and hockey — that had blocked New Jersey in lower courts.
“We intend to call on Congress again, this time to enact a core regulatory framework for legalized sports betting,” the NFL said in a statement. “We also will work closely with our clubs to ensure that any state efforts that move forward in the meantime protect our fans and the integrity of our game.”
“The expansion of sports betting is going to be faster than anything we’ve seen. I’m confident that we can put the illegal market out of business.”
Geoff Freeman American Gaming Association
The court’s action could push Congress to pass legislation calling for federal regulation of sports betting — something the sports leagues would prefer over separate rules from state to state. “Now that the Supreme Court has struck down this unlawful and confusing law, it is time for Congress to move the GAME (Gaming Accountability and Modernization Enhancement) Act forward to ensure that consumer protec- tions are in place in any state that decides to implement sports betting,” said Rep. Frank Pallone, D-N.J.
Geoff Freeman, president of the American Gaming Association, said nearly half the states in the nation are prepared to customize legalized sports betting for their purposes without federal interference. He called federal engagement “extremely unlikely.”
“The expansion of sports betting is going to be faster than anything we’ve seen,” Freeman predicted. “I’m confident that we can put the illegal market out of business.”
Congress passed the law in 1992 to preserve what lawmakers said was the integrity of the games. New Jersey and its allies argued that the act ran afoul of the 10th Amendment, which reserves for the states all powers not delegated to the federal government.
Alito and six colleagues agreed, including all the court’s conservatives, as well as Justice Elena Kagan.
“It is as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals,” Alito said. “A more direct affront to state sovereignty is not easy to imagine.”
Breyer agreed that the provision directing states to maintain sports betting bans should be stricken, but he said the whole federal law should not have been declared unconstitutional.
“The court wields an ax to cut down (the law) instead of using a scalpel to trim the statute,” Ginsburg said.