Murphy v. NCAA

The United States Supreme Court Allows States to Regulate Sports Gaming.

On Monday, May 14, 2018, the United States Supreme Court issued its opinion on Murphy v. NCAA, the National Collegiate Athletic Association.  Therefore, in this opinion, the Court ruled 7-2 to strike down a Federal law prohibiting betting on sports. Other than in narrowly defined exceptions.  The ruling is a victory for States’ rights. And may have more significant implications for the States in the Union. 

In 1992, Congress passed the “Professional and Amateur Sports Protection Act” (PASPA).  Effectively, PASPA prohibited the states from promoting, allowing, or authorizing gambling on sports activities. Except for “sports lotteries” in Oregon, Delaware, Montana, and certain gambling activities in Nevada.  Thus, PAPSA contained an exception, giving states that previously had allowed casino gaming in the past ten years a one-year grace period to pass laws legalizing sports betting.  Therefore, PASPA did not apply to gambling or betting on certain activities. Such activities include jai alai and horse and dog racing. 

In 2011, the State of New Jersey voters approved a referendum to allow sports betting.  Then in 2012, the New Jersey legislature passed a law allowing sports wagering at casinos and racetracks.  Various professional sports leagues, including the National Hockey League, National Basketball Association, Major League Baseball, and the National Football League, filed suit against the state. Claiming the 2012 law violated PASPA.  The State of New Jersey was unsuccessful in enforcing the 2012 law allowing sports betting. It wasn’t until the case was accepted by the United States Supreme Court in 2016.    

The Tenth Amendment

The Supreme Court’s opinion, authored by Justice Samuel Alito, held the Tenth Amendment to the United States Constitution in substance. Which holds that powers not expressly delegated to the Federal government are reserved for the States and prohibits the States from being required to enforce a Federal statutory scheme.  The distinction is that the federal government is free to pass and enforce laws related to subjects of national importance. It cannot and may not require the States to pass and enforce laws substantially of Federal origin. 

Post Murphy v. NCAA, the States are free to authorize sports gambling within their borders. Therefore, most PASPA has been declared unconstitutional in light of the Tenth Amendment.  This does not mean that sports gambling will be legal in all states, including Tennessee. It simply means that the States are no longer prevented from crafting laws approving sports gambling.  The next step following this case would be for State legislatures to pass laws allowing sports gambling. 

Looking ahead, Murphy v. NCAA is a critical opinion in the field of States’ rights and the Tenth Amendment.  The Murphy opinion supports the notion that the States may be allowed to pass laws of purely state concern. And without interference from the Federal government. 

To learn more about this opinion, as well as other Supreme Court opinions, visit scotusblog.com

If you have questions about legal representation, contact Angel Kane at https://www.kane-law.com/contact-us/ or call (615) 444-8081.