New Jersey Thoroughbred Horsemen’S Association, Inc. v. National Collegiate Athletic Association

Questions presented

SCOTUS records, cert granted 27 Jun 2017

In September 2013, the United States Court of Appeals for the Third Circuit upheld the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. § 3701 et seq., against a constitutional commandeering challenge by construing its proscription against States "authoriz [ing]" sports wagering "by law" as a narrow prohibition reaching only the "affirmative 'authorization by law' of gambling schemes," and not repeals by States of sports wagering prohibitions. See Nat'l Collegiate Athletic Ass'n v. Gov. of N.J. (Christie I), 730 F.3d 218, 233 (3d Cir. 2013). However, after New Jersey repealed certain of its prohibitions on sports wagering as applied to specific venues in the State, the en banc Court reversed course and broadly interpreted PASPA as making it "unlawful" for New Jersey to enact such a repeal. The Court further held that it was constitutional for federal law to dictate in this manner the extent to which States prohibit sports wagering. The question presented is: Does a federal statute that prohibits adjustment or repeal of state-law prohibitions on private conduct impermissibly commandeer the regulatory power of States in contravention of New York v. United States, 505 U. S. 144 (1992), and Printz v. United States, 521 U. S. 898 (1997)?

Opinion summary

Etalia.ai summary of the majority opinion

The case involved the New Jersey Thoroughbred Horsemen’s Association (NJTHA) challenging the Professional and Amateur Sports Protection Act (PASPA), which prohibited states from authorizing sports gambling. NJTHA argued that PASPA violated the Tenth Amendment by commandeering state governments to enforce federal regulations. The Supreme Court ruled in favor of NJTHA, striking down PASPA as unconstitutional because it infringed upon state sovereignty by preventing them from modifying or repealing their own laws regarding sports betting. This decision effectively allowed states to legalize and regulate sports betting at their discretion, leading to significant changes in how sports wagering is conducted across the United States.

Opinion written by Justice Alito

Decided 14 May 2018 · Official report

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