Published: Thu, May 17, 2018
Sports | By Jonathan Ford

Indian Gaming Commission Responds To SCOTUS Decision On Sports Betting

Indian Gaming Commission Responds To SCOTUS Decision On Sports Betting

It's a very different tone than the one set by Adam Silver, the commissioner of the National Basketball Association, who said in a statement that his league supports a federal framework for legalized gambling in the states that permit it.

This is true, the Supreme Court's majority opinion concluded with, "The legalization of sports gambling requires an important policy choice, but the choice is not ours to make". With AP Photos.American Indian tribes are weighing an opportunity to offer sports betting in potentially hundreds of casinos across the country after a key decision by the U.S. Supreme Court.

New Jersey did not take action within PAPSA's one-year grace period to legalize sports gambling; rather, it did so exactly two decades later.

The general expectation is that states will hurry to do so.

That changed in 2011, when the decline of Atlantic City as a gambling center led to state efforts to revive it.

Minton noted that New Jersey, home to Atlantic City, the largest U.S. gambling hub after Las Vegas, has been "thinking about this longer than I think any other state has except for maybe Nevada".

As they had in past opposition to legalization, some leagues continued to express concern about the integrity of their sports.

In a 6-3 ruling, the nation's top court declared unconstitutional a 1992 federal law which banned wagering on professional and university sports. New Jersey, the plaintiff in the case, already has the infrastructure in place. The 3rd Circuit said repealing the laws against gambling amounted to authorizing gambling - and struck down the law again. I think the court ignored the impact that the ruling will have on sports in America, and values you learn form sports.

The essence of the court's holding was that Congress lacks the authority under the Constitution to tell states what laws they may or may not adopt. States now are free to legislate on the issue any way they choose.

Thus simplified, the doctrine covers PASPA nicely. "When the state or other interests violate that, then tribes are concerned".

In fact, the anti-commandeering doctrine was until now a bit more subtle.

Depending on what decision Florida makes, Alcock says there may be some federal regulation coming down the pipeline, but the state would have to come up with a framework of rules and regulations.

While his legislation remains in the early stages, he said he wanted to direct the revenue generated from sports betting to "fill gaps" in public education and "other revenue deficient state programs". Government ought not go too far in encouraging it. For the first time, it expressly takes the position that Congress can't tell the states what not to do. The measure "unequivocally dictates what a state legislature may and may not do", he wrote.

What was tricky about this extension of states' rights is that Congress is permitted to pre-empt state laws by passing its own laws.

But the states need to set their own rules. The Unlawful Internet Gambling Enforcement Act of 2006, which put a halt to the booming online poker industry, purports to enforce the Interstate Wire Act of 1961, but an Obama administration ruling in 2011 said the Wire Act didn't apply to wagers other than sports.

The ruling paves the way for states to legalize sports betting. But it seems probable that states that already have other lotteries might now expand to sports-related lotteries. "You have activities like this that are going on right now, illegally, not regulated, no protection for individuals, no protection for the taxpayers and the citizens of the state". He says gambling addicts have the highest rate of suicide attempts of compulsive behaviors because it can be so financially damaging to a family.

The court did strike down PASPA as a violation of states' rights under the Tenth Amendment. This is good news for a lot of esports organizations as NA is a huge market and sports betting has increased the pure potential money that could be gained from sponsorships.

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