Supreme Court Makes It Easier for People to Win Big
Alexandra
Eichner
Enacted in 1992, the
Professional and Amateur Sports Protection Act (“PASPA”) barred all but a small
handful of states from legalizing sports betting.[1] Sports betting had come to be so disfavored
by so many members of the public and of the federal government, that Congress
took matters into their own hands with this federal legislation.[2] PASPA stood as federal law until May 18,
2018, which is when the Supreme Court declared it unconstitutional in its
entirety due to the commandeering effect it had on the states.[3] The Supreme Court said that PASPA
unconstitutionally directed state legislatures by telling them that they were
not allowed to repeal their own state laws that banned sports betting.[4] With this ruling, the Supreme Court further
cemented this anti-commandeering doctrine into law.[5] The reasoning behind this Supreme Court
opinion stands to not only effect legalized sports betting, but also subjects
not related to gambling at all.[6] Debates on sanctuary cities, gun control, and
marijuana possession will likely feel repercussions of this Supreme Court
decision.[7]
While many people and
organizations are in opposition to legalized sports betting—including a number
of critical athletes, the National Collegiate Athletic Association (“NCAA”),
and other sports leagues—many benefits are likely to follow sports gambling
legalization efforts of the states.[8] Sports gambling is a multi-billion dollar
industry in the United States today, and the recent Supreme Court decision to
allow states to decide for themselves if they will allow sports betting will
benefit both state and national economies by greatly increasing tax revenues.[9] And that is not the only benefit.[10] A safer market will be created for sports
bettors, jobs will be created, a bigger economic impact will be felt, the
integrity of sporting events will be better protected, people with a gambling
addiction may help receive treatment faster, and the games will be more
exciting for the leagues and viewers.[11]
Many state legislatures
are quickly reacting to this decision and are beginning to discuss possible
legalization in their own states.[12] A small handful have already enacted full
scale sports gambling, while another handful have recently passed bills.[13] Twelve others have introduced sports gambling
bills that are awaiting passage.[14] Almost half of the states have reacted to
this news in some way and are engaged in efforts to move their state towards
legalized sports gambling.[15]
The State of Florida
specifically has laws that prohibit sports gambling.[16] These laws would need to be repealed or
amended before sports betting would be legal in the state.[17] These actions have not been taken by the
Florida legislature yet.[18] But that is not to say that Florida will not
legalize sports gambling in the future.[19] However, if Florida does, those legalization
efforts may prove to be more challenging in that state than in some of the
other states.[20] For one, there are eight Indian owned and
operated casinos in Florida.[21] This throws a third party—one not too keen on
adding sports gambling to the casinos—into the mix of negotiators for
legalization.[22] Second, a ballot initiative stands as an
obstacle.[23] Florida has an amendment on the ballot in
November that, if passed, would require voter approval to expand gambling.[24] It would no longer be left to the
legislature.[25] So the future of legal sports gambling in
Florida is still an open question,
and in the hands of future voters in November 2018.[26]
[1]. Amy
Howe, The 10th Amendment,
Anti-Commandeering and Sports Betting:
In Plain English,
SCOTUS
Blog (Aug. 14, 2017, 12:19 PM),
http://www.scotusblog.com/2017/08/10th-amendment-anti-commandeering-sports-betting-plain-english/.
[2]. See S. Rep. No. 102–248, at 5 (1992).
[3]. Murphy
v. Nat’l Collegiate Athletic Ass’n, No. 16–476, slip op. at 31 (U.S. 2018).
[4]. Id.
[5]. Mike
Maharrey, Supreme Court’s Sports Gambling
Opinion is a Rare and Major Win
for the Tenth Amendment, Tenth Amendment
Center (May 14, 2018), http://www.tenthamendmentcenter.com/2018/05/14/supreme-courts-sports-gambling-opinion-is-a-rare-and-major-win-for-the-tenth-amendment/.
[6]. Ilya
Somin, Sports Gambling Decision is a
Major Victory for Federalism, Reason
(May 14,
2018), http://www.reason.com/volokh/2018/05/14/sports-gambling-decision-is-a-major-vict/print.
[7]. Id.
[8]. Adam
Edelman, College Sports Warn Against
Moves to Legalize Betting, NBC
(Feb. 19, 2018),
http://www.nbcnews.com/politics/politics-news/college-sports-warn-against-moves-legalize-betting-n848856;
Brett Smiley, 7 of the Biggest Potential
Benefits of Legal, Regulated Sports Betting, Sports Handle (Aug. 23, 2017, 11:50 AM),
http://www.sportshandle.com/sports-betting-laws-regulation-benefits/.
[9]. Smiley,
supra note 6.
[10]. Id.
[11]. Id.
[12]. See Ryan Rodenberg, State-by-State Sports Betting Bill Tracker, ESPN (June 29, 2018),
http://www.espn.com/chalk/story/_/id/19740480/gambling-sports-betting-bill-tracker-all-50-states.
[13]. Id.
[14]. Id.
[15]. See id.
[16]. Id.
[17]. Rodenberg,
supra note 10.
[18]. Id.
[19]. Id.
[20]. See Craig Davis & Gray Rohrer, Supreme Court Ruling Doesn’t Mean Sports
Betting Will Come
to Florida Quickly — or at all, Sun Sentinel
(May 14, 2018, 7:40 PM), http://www.sun-sentinel.com/sports/fl-sp-sports-betting-ruling-florida-20180514-story.html;
News Serv. of Fla., Florida, Seminoles
Extend Gambling Deal, Sun Sentinel
(Apr. 19, 2018,10:10 AM),
http://www.sun-sentinel.com/news/politics/fl-reg-seminole-gambling-agreement-20180418-story.html.
[21]. Florida Casinos, 500 Nations, http://www.500nations.com/Florida_casinos.asp
(last visited July 28, 2018).
[22]. Shannon
Green, Sports Betting Ruling: The Good, Bad, and the Ugly for Florida, Orlando
Sentinel (May 15, 2018, 2:35 PM), http://www.orlandosentinel.com/opinion/audience/shannon-green/os-ae-sports-betting-ruling-consequences-20180515-story.html.
[23]. See Davis & Rohrer, supra note 18.
[24]. Id.
[25]. See id.
[26]. Id.
