The United States Supreme Court (the Supreme Court) recently
ended a nearly six-year legal battle regarding the
constitutionality of the Professional and Amateur Sports Protection
Act (PASPA). In Murphy v. National Collegiate Athletic
Association, 138 S. Ct. 1461 (2018), the Supreme Court, with
Justice Alito authoring the majority opinion, joined by Chief
Justice Roberts, and Justices Kennedy, Thomas, Kagan and Gorsuch,
held that PASPA violated the 10th Amendment's
"anti-commandeering" principle, which provides that if
the Constitution does not give power to the federal government or
take power away from the states, that power is reserved for the
states or the people themselves.
This decision ushered in the next gold rush for the U.S. gaming
industry. Delaware, Mississippi, New Jersey, Pennsylvania, Rhode
Island and West Virginia have legalized sports betting and are
taking bets. Arkansas and New York1 have legalized
sports betting but have not yet started taking