most states adopt legalized casino gambling

Congress may not 'commandeer' the state legislative process by directly compelling them to enact and enforce a federal regulatory program. Under the Tenth Amendment, legislative power not conferred on Congress by the Constitution is reserved for the states. PASPA’s provision prohibiting state authorization of sports gambling schemes violates the anti-commandeering rule. When a state repeals laws banning sports gambling, it “authorize” those schemes under PASPA.

The Third Circuit held that the law violated PASPA. In 2014, New Jersey enacted a law that repeals state-law provisions that prohibited gambling schemes concerning wagering on sporting events by persons 21 years of age or older at a horse-racing track or a casino in Atlantic City and not involving a New Jersey college team or a collegiate event. Voters later approved a state constitutional amendment, permitting the legislature to legalize sports gambling in Atlantic City and at horse-racing tracks. PAPSA would have permitted New Jersey to permit sports gambling in Atlantic City within a year of PASPA’s enactment but New Jersey did not do so. PAPSA allows existing forms of sports gambling to continue in four states.

3702(1), and for “a person to sponsor, operate, advertise, or promote” those same gambling schemes if done “pursuant to the law or compact of a governmental entity,” 3702(2), but does not make sports gambling itself a federal crime. on” competitive sporting events, 28 U.S.C.

a lottery, sweepstakes, or other betting, gambling, or wagering scheme based. The Professional and Amateur Sports Protection Act (PASPA) makes it unlawful for a state or its subdivisions “to sponsor, operate, advertise, promote, license, or authorize by law or compact.

Most states adopt legalized casino gambling