Christie vs NCAA : The Forthcoming US Supreme Court Judgement

[Y_Participant 4591]

Christie vs NCAA : The Forthcoming US Supreme Court Judgement [1] [2]

Facts of the case

In 1992, the United States Congress passed the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. §§ 3701-3704, to prohibit state-sanctioned sports gambling.

Included in PASPA are exceptions for state-sponsored sports wagering in Nevada and sports lotteries in Oregon and Delaware, as well as for New Jersey, provided that New Jersey also enact a sports gambling scheme within one year of PASPA’s enactment, which it did not do.

PASPA also permits any sports league whose games are or will be the subject of sports gambling to bring an action to enjoin the gambling.

Question

Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of states in contravention of New York v. United States?

States’ Action

In 2011, the New Jersey Legislature held a referendum asking voters whether sports gambling should be permitted, and 64% voted in favour of a state constitutional amendment that would permit sports gambling.

The legislature then drafted and received voter approval of a sports-wagering constitutional amendment, after which time, in 2012, it enacted the Sports Wagering Act (“2012 Act”), which authorised certain regulated sports wagering at New Jersey casinos and racetracks and implemented a comprehensive regulatory scheme for licensing casinos and sporting events.

Five sports leagues sued under PASPA to enjoin the New Jersey law, which the state defended by arguing that PASPA was unconstitutional under the anti-commandeering doctrine.

The district court held that PASPA was constitutional and enjoined the 2012 Act.

Governor Chris Christie, along with the 216th New Jersey State Legislature, passed a second law (“2014 Law”) that purported to repeal the regulatory scheme for licensing casinos and sporting events, effectively providing tacit authorization of them and ratifying an amendment to the State Constitution, known as NJ S2460.

Though the doctrine of federal pre-emption holds that in any case in which a state law conflicts directly with a federal law, the federal law controls, the State of New Jersey claims that in this case, pre-emption does not apply.

The State argues two main points,
1) that S2460 does not directly violate PASPA; and
2) that PASPA itself, violates the United States Constitution and must be repealed.

New Jersey alleges that PASPA violates the “anti-commandeering doctrine.”

This doctrine interprets the 10th Amendment to mean that Congress cannot “commandeer” state officials to implement federal policy.

Current Status

Christe vs NCAA is now before the Supreme Court.

Possible Outcomes

While there are multiple permutations of how the Court might rule, there are three basic paths.

First, the Court finds PASPA unconstitutional, repeals the law, and New Jersey (along with every other state in the union) will be free to legalize sports wagering, as they see fit.

Second, the Court either upholds PASPA or declines to rule on its constitutionality but finds that S2460 does not violate the law. This outcome would surely result in some level of bureaucratic chaos, as New Jersey will have won the right to allow sports wagering but without the ability to regulate it, which begs the question; who will oversee New Jersey’s newly reformed gaming industry?

Finally, the Court could uphold PASPA while finding that S2460 violates the law. This decision would be a de facto death sentence for S2460, as the state law would be pre-empted by the Federal Statute.

A majority of Supreme Court Justices argued in favour of New Jersey Gov. Chris Christie< that the ban on sports betting in most states is unconstitutional.

Justice Anthony Kennedy: “The citizens of the State of New Jersey are bound to obey a law that the state doesn’t want but that the federal government compels the state to have”

Justice Stephen Breyer:“It falls within commandeering”

New Jersey governor, Chris Christie, said: “If the people of those states decided they want to do what Nevada is already being permitted to do, they should be permitted to do it.”

Sen. Raymond Lesniak, the sponsor of New Jersey’s law, predicted the court would rule in the state’s favour: “It’s not quite a slam dunk, bit it’s like Tiger Woods and a five-foot putt.”

The writing is on the wall. Everyone is preparing for the Supreme Court to side with New Jersey and effectively legalize sports betting.

Although the Supreme Court’s decision in the New Jersey sports betting case, Christie v NCAA, is likely at least two months away, that is not stopping the state’s top gaming enforcement official from starting the money train rolling.

Speaking at the ICE Totally Gaming Conference in London earlier this month, David Rebuck, the director of New Jersey’s Department of Gaming Enforcement, announced to the world that New Jersey would immediately begin accepting applications for state-issued sports betting licenses.

There are 18 states that supported New Jersey in its quest to slay PASPA, and experts predict that 32 states will legalize sports betting in the next few years.

The court’s decision will bring America’s vast underground sports betting market into the light of regulation, surfacing billions of dollars in revenue for the states. Want to bet that your state’s government would love to get its hands on more tax money? That’s exactly what happened with marijuana.

Roughly a dozen states have introduced legislation this year that deals with sports betting. The research experts at Gambling Compliance Inc. are predicting that 21 to 37 states will offer legal sports betting sometime after PASPA is lifted.

Why this is important commercially:

1. Every state will want its own Las Vegas for tax revenue

And every single casino company will be ready to build ‘em. Gaming floors. Show halls. Hotels. Restaurants. The real estate and construction deals alone will mint legions of millionaires.

On February 8, the $900 million Resorts World Catskills casino resort in New York opened its doors to the world. The next monster casino could open up in your backyard

2. Nearly 74.7 million Americans at one time planned on participating in fantasy sports.

Since then the number has only grown. But no one wants to be glued to their computer screen when checking in on your team with your smartphone is far easier and more convenient.

Yahoo’s fantasy sports app has over 10 million people using it. Then there are apps from FanDuel, DraftKings, Fantasy
Draft, each with potentially 10s of millions of users each.

The smartphone app market and online gambling craze will boom as never before.

3. Fortune 50 and 100 companies that can’t turn down a billion-dollar payday will, all of a sudden, jump into the betting pools.

One American telecom giant is reportedly meeting with experts and consultants to assess the potential for a sports-focused online gambling venture.

The influx will take gambling to unprecedented heights as a national sport and pastime – to every nook and cranny of America. No one will be left out – there will be something for everyone to lose at.

4. These other judgements may be affected – marijuana, self-driving cars, gun ownership, drug use.

The US gambling market is n the order of $200 billion or higher. Not one company is going to walk away from that. Neither is your state Governor or Congressman.

Citation
[1] https://www.oyez.org/cases/2017/16-476
[2] https://esportsobserver.com/lawyers-perspective-christie-v-ncaa/

[Anonymous 42]

If gambling is a mental disease, and causes ruins, what business is it of the government to get their hands dirty by regulating it? Creating their own rackets like the lottery and other sources to feed the junkies?

Where are my f~~~ing rights when one of these junkies are holding up the whole line while they feverishly purchase several different injections of the same kind of drug? Lets include the heroin addicts at the check-out counter, that way we could get to know one another waiting for the assortments of junkies holding up the line because our time standing in line behind a junkie is worthless!

Lemme talk to the judge and show him how I and millions are getting f~~~ed, waiting in line for the junkies! The same junkies the state feeds in their gambling racketeering.

This civilization is deteriorating faster than cotton candy on Mt. Washington in a hail downpour lightning storm with 85 mph winds .

[Y_Participant 4591]

Anonymous wrote:

gambling is a mental disease, and causes ruins, what business is it of the government to get their hands dirty by regulating it? Creating their own rackets like the lottery and other sources to feed the junkies…?

Nicely put as always.

[Author]

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