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In episode 49 of Supreme Court Briefs, New Jersey tries to legalize sports betting, so NCAA and four professional sports leagues sue them. #supremecourtbriefs #10thamendment #apgov

Mr. Sinn’s video about loot boxes: https://www.youtube.com/watch?v=88hAQXlKtv4&feature=youtu.be
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Produced by Matt Beat. All images by Matt Beat, found in the public domain, or used under fair use guidelines. Music: “In the Atmosphere” by Bad Snacks.

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Photo credits (Creative Commons):
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Check out cool primary sources here:
https://www.oyez.org/cases/2017/16-476

Other sources used:

Sports Gambling: The Anti-Commandeering Argument Against PASPA


https://www.natlawreview.com/article/us-supreme-court-defends-state-sovereignty-anti-commandeering-doctrine
https://www.sporttechie.com/ncaa-basketball-tournament-sports-bets-predictions/?scrlybrkr=d2a50f0d

Murphy v. NCAA: It’s about much more than gambling on sports

The ABCs of the Supreme Court’s Decision in Murphy v. NCAA


https://www.nj.com/news/2011/11/election_day_2011_nj_polls_are.html

Atlantic City Casino Industry Continues To Rebound; Is Sports Betting Playing A Role?

New Jersey
November 8, 2011

Citizens vote to make betting on sports legal. This was a big deal. At the time, 97% of all sports bets placed in the country were illegal.

The New Jersey state legislature then passed and New Jersey Governor Chris Christie signed into law the Sports Wagering Act of 2012, which let citizens place sports bets at casinos and racetracks. Well the NCAA, NBA, NFL, NHL, and MLB were like “nuh-uhh.” They sued Governor Christie, arguing that New Jersey legalizing sports betting went against the Professional and Amateur Sports Protection Act, aka PAPSA, passed by Congress back in 1992. This law banned betting on sports except for a few special places that were exempt. Well apparently New Jersey was not special enough.

Governor Christie was like “Yeah, I KNOW New Jersey legalizing sports betting went against PAPSA, but the Tenth Amendment is on our side.” You see, the Supreme Court had previously established this thing called the Anti-Commandeering Doctrine in two cases, New York v. United States (1992) and Printz v. United States (1997). The doctrine basically said the federal government can’t force states or state officials to adopt or enforce federal laws.

Soon the U.S. Department of Justice joined forces with the sports leagues, and when they went to U.S. District Court in February 2013, their main argument was that sports gambling not only hurt their leagues, but hurt the integrity of the sports. The judge agreed and ruled with the sports leagues and Justice Department.

Governor Christie and New Jersey appealed to the Third Circuit Appeals Court, but they upheld the ruling. After the Supreme Court refused to hear another appeal in the spring of 2014, the New Jersey legislature went back to the drawing board. Since the Sports Wagering Act was unconstitutional, they just went back and repealed parts of existing New Jersey laws from 1977 that had banned sports gambling. Oh snap. What a sneaky way to legalize sports gambling. But Governor Christie was like “sorry, not sorry” and vetoed the repeals, saying “we can’t just bypass the Third Circuit’s ruling, guys. However, just a few months later, Christie changed his mind and signed it into law.

Welp, the five sports leagues sued New Jersey again in November 2014. Yet again, the District Court and Third Circuit ruled in favor of the sports leagues.

But Christie and New Jersey begged the Supreme Court to consider an appeal again, specifically bringing up the question “Does a federal statute that prohibits modification or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of States?” and they cited good ol’ New York v. United States as precedent. Well that got the Court’s attention this time. They agreed to hear the case on June 27, 2017.

The Court heard oral arguments on December 7, 2017. By this time, New Jersey had elected a new governor, Phil Murphy.

20 Comments

  1. Mr. Beat

    Should gambling be completely legal?

  2. wasp wrap

    4:25 see, personally I support federal rights over states rights. This time I have to support states rights only because it would be unmarkably stupid to make this a federal issue.

  3. josemax24

    I disagree completely with the court on this decision, article 6 section 2 of the constitution says that federal law has supremacy over state law but also, what is the point of having federal law if the states can just ignore it?

  4. Internetmemeplace

    Do you think this will hold principle on Missouri SAPA because the clown Biden administration is saying they are violating federal law but it follows anti commendaring

  5. Montana Burr

    If NJ wanted to get a bit more creative, they could've simply deprioritized enforcement of sports-gambling bans. For example, the Legislature could've reduced the funding to the agency in charge of enforcing the ban. Or perhaps Governor Christie could have issued an executive order to prohibit or inhibit state resources from being used in the arrest or prosecution of illegal gamblers. Basically, "sports gambling is still a crime but the State doesn't care, so…"

    Then if the sports leagues tried to sue again, the State could say: "Sports gambling is still illegal here in New Jersey, so we aren't in violation of the PAPSA. We've simply chosen not to enforce the ban that's on our books."

  6. Jonathan Lewis

    You should of made that bet. Lol

  7. HAVE HOPE

    Spread the gospel

  8. Ashton Collins

    President During this time: Donald Trump
    Chief Justice: John Roberts
    Argued December 4, 2017
    Decided May 14, 2018
    Case Duration: 161 Days
    Decision: 7-2 in favor of Murphy

  9. Diego Silva de Souza

    Becamea addicted by the briefs 🤦🏻‍♂️🤣🤣🤣

  10. Sir July

    You shoulda bet that money; they did win!

  11. NewYorkCounty

    Wait why is this Murphy v NCAA and not New Jersey v NCAA? Why sue the governor it and not the whole state?

  12. DSQueenie

    Banning gambling is like banning alcohol (and prostitution and abortion frankly). A waste of time and effort. It will happen no matter what the law is.

  13. LEGOSUPERHEROSTODAY

    Who do you think will win the super bowl

  14. Big Bayesian

    Sometimes RBG confuses me. I’ve been wrong about where I’d expect her to vote pretty much every time save the obvious cases.

  15. Scott Santysiak

    How has no one pointed out what a great SB pick that was? Mr. Beat could be rich by now!

  16. Pop Films

    I hope you ended up putting that money on the chiefs

  17. Robert

    AC IS ON THE REBOUND 😂👌

  18. Matthew Volfson

    The Chiefs did indeed win the Super Bowl this year!

  19. Randall Batson

    I have a perception of loot boxes, that creates a non gambling benefit as to why a loot box could be earned, or be traded into.

  20. Trueblade

    I am not sure whether this was a good decision
    Can people vote on thee leaders of their State? No, right?
    And they can vote for the fedral leader

Comments are closed