On May 14, 2018, the United States Supreme Court paved the way for the expansion of legalized sports gambling with its decision in Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018). In Murphy, the Court held that the Professional and Amateur Sports Protection Act (“PASPA”)—the federal law that for over twenty-five years prohibited states from passing any new laws authorizing gambling on professional or amateur sporting events—was an unconstitutional violation of states’ rights.
Id.The Tennessee Legislature was able to pass this friendly form of gambling because, in Murphy v. National Collegiate Athletic Ass’n, the United States Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”) as unconstitutional. 138 S.Ct. 1461 (U.S. 2018). Prior to Murphy, PASPA allowed sports gambling only in Nevada, New Jersey, Delaware, and Oregon.
As the value of legal sports betting continues to increase, both sides have much at stake. The sports leagues will continue to push efforts to capitalize on their potentially tenuous hold on data from their matches, while sports books and fantasy leagues will look to increase their leverage in negotiations with the sports leagues by undermining the leagues’ case for exclusive data ownership.1Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018).2 Kevin Draper, N.B.A. Makes MGM Resorts International Its First Gambling Partner, THE NEW YORK TIMES (July 31, 2018).3 Michael McCann, What the NBA and Its Players Stand to Gain From Partnership With Vegas-Based MGM, SPORTSILLUSTRATED.COM (July 31, 2018).4Id.5 Eben Novy-Williams, NBA Makes Deal With MGM for Betting, First for a U.S. League, BLOOMBERG.COM (July 31, 2018).6 Adam Candee, MGM Inks Another Major Deal To Become Official Sports Betting Partner Of The NHL Eric Ramsey, LEGALSPORTSREPORT.COM (Oct. 29, 2018); MLB Makes MGM Resorts ‘Official Gaming Partner’ As Sports Betting Deals Proliferate, LEGALSPORTSREPORT.COM (Nov. 27, 2018).7 105 F.3d 841, 846 (2d Cir. 1997).8Id. at 847.
The Supreme Court ultimately determined that the law was invalid. SeeMurphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461 (2018). New Jersey legalized sports betting in mid-2018, shortly after the Supreme Court decision, resulting, in part, in a 9.
It was apparent and important to the court in Dew-Becker that the trend in Illinois is toward more relaxed gambling laws, not stricter ones. The decision takes express note of the expansion of legalized sports gambling after Murphy v. National Collegiate Athletic Ass’n, 584 U.S. ___, 138 S. Ct. 1461 (2018), recognition in Sonnenberg v. Amaya Group Holdings (IOM) Ltd., 810 F.3d 509, 510 (7th Cir. 2016) that the era in which the Act was enacted has ended, and that there are currently a number of bills before the Illinois legislature that propose legalization of sports gambling. Id.
Under the law, wagers can be placed using a mobile application operated by the D.C. lottery, at sports venues or licensed facilities at arenas, and at licensed private establishments. The District is the eighth U.S. jurisdiction to enact a law legalizing sports betting following the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association, 584 U.S. __ (2018), which struck down a federal ban on sports betting. The law will go into effect once it is signed by D.C. Mayor Muriel Bowser, who supported the bill.Health Care17 Democratic Attorneys General File Brief Seeking Clarification and Expedited Review of Court Order Finding Affordable Care Act Unconstitutional 17 Democratic AGs led by California AG Xavier Becerra filed a brief in the U.S. District Court for the Northern District of Texas as Intervenor-Defendants in the matter of Texas v. United States, No. 4:18-cv00167-O, seeking clarification and expedited appellate review of the Court’s December 14, 2018 Order declaring the Affordable Care Act (“ACA”) unconstitutional following the passage of the Tax Cuts and Jobs Act of 2017.
Schmidt and Swain will face off in the general election on November 6, 2018.Gaming/GamblingColorado Attorney General Issues Formal Opinion Analyzing the Legality of Commercial Sports Betting Under State LawColorado AG Cynthia Coffman issued a Formal Opinion analyzing the legality of commercial sports betting under Colorado state law in the wake of the U.S. Supreme Court’s recent decision in Murphy v. National Collegiate Athletic Association, 584 U.S. ___ (2018), which struck down the Professional and Amateur Sports Protection Act (“PASPA”), a federal law that prohibited most states from authorizing state-sanctioned sports gambling. The AG’s Formal Opinion explains that commercial sports betting is unlawful under Colorado’s criminal code, which prohibits various kinds of gambling.
State Sports Gambling The Court struck down the federal Professional and Amateur Sports Protection Act of 1992 (PASPA), which barred states from permitting gambling on sporting events. Murphy v. National Collegiate Athletic Ass’n, No. 16-476 (May 14, 2018). The Court explained, “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.”
Under the state Anti-Money Laundering Act, which will take effect May 25, 2018, the AG is Commissioner over businesses that transmit or exchange money in the state. Pursuant to that directive, the Money Services Division will accept applications for licenses to conduct money transmission and currency exchange services, through the Nationwide Multistate Licensing System.Gaming/GamblingUnited States Supreme Court Declares Federal Law that Prohibited Most States from Legalizing Sports Betting Unconstitutional The Supreme Court ruled in favor of the state of New Jersey in Murphy v. National Collegiate Athletic Association, No. 16-476 (May 14, 2018) and struck down the federal Professional and Amateur Sports Protection Act of 1992 (“PASPA”), which barred most states from legalizing sports betting, on the grounds that it was unconstitutional. The Court’s decision held that PASPA violates the “anti-commandeering” doctrine under the Tenth Amendment by dictating state legislatures’ enactment or repeal of state betting laws.
Murphy v. National Collegiate Athletic Association, ___ U.S. ___ (2018). This blog has covered the history of the State of New Jersey’s efforts to overcome the Professional and Amateur Sports Protection Act (“PASPA”), which forbids (with some exceptions not applicable here) a State from authorizing betting on professional sports.