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30 J. Legal Aspects Sport 142 (2020)
'Standing' up for State Rights in Sports Betting

handle is hein.journals/jlas30 and id is 142 raw text is: Journal ofLegalAspects ofSport, 2020,30, 142 -152 https://doi.org/I0.18060/24266 © Ryan Rodenberg 'Standing' Up for State Rights in Sports Betting Ryan M. Rodenberg* 1. Introduction In Gov. Murphy, et al. v. Nat'l Collegiate Athletic Ass'n, et al.,' the Supreme Court resolved one sports betting-related federalism issue and teed up another. In deciding the constitutionality of the Professional and Amateur Sports Protection Act (PASPA),2 the Supreme Court considered PASPA vis-a-vis the anti-commandeering doctrine embedded in the Tenth Amendment. The Supreme Court's majority opinion, written by Justice Samuel Alito, concluded: The PASPA provision at issue here-prohibiting state authorization of sports gambling-violates the anti-commandeering rule.3 Justice Alito also foreshadowed the next federalism issue that will likely arise in the sports betting context: Congress can regulate sports gambling di- rectly, but if it elects not to do so, each State is free to act on its own.4 Numerous states have accepted the Supreme Court's invitation since its ruling was released on May 14, 2018. As of April 30, 2020, more than 15 states have moved to enact sports betting laws, with dozens more considering legislation.5 Certain members of Congress have followed up too. In 2018, there was a hearing before the House Judiciary Committee about sports wagering.6 Later Murphy v. Nat'l Collegiate Athletic Ass'n, 138 S.Ct. 1461 (2018). 2 28 U. S. C. §3701, et seq. 138 S.Ct. at 1478. 4 Id. at 1484-85. s Ryan Rodenberg, United States of Sports Betting, An Updated Map of Where Every State Stands, ESPN, https://www.esnn.com/chalk/storv/ /id/19740480/the-united-states-sports-betting- where-all-50-states-stand-legalization (Feb. 5, 2020). 6 David Purdum, Congressional Subcommittee to Review Sports Betting Landscape, ESPN, https://www.espn.com/chalk/storv/ /id/24741786/congressional-subcommittee-exam- ine-sports-betting (Sept. 20, 2018). *Ryan M. Rodenberg, PhD, JD, is an associate professor in the Department of Sport Management at Florida State University. 4)-