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Legislation 2018

PASPA: Enactment and 2018 Repeal

The **Professional and Amateur Sports Protection Act (PASPA)** of 1992 was a federal statute that effectively outlawed sports betting nationwide, excluding a few grandfathered states (most notably Nevada). Enacted to preserve the integrity of sports, it prohibited states from "authorizing" wagering ...

Summary

The **Professional and Amateur Sports Protection Act (PASPA)** of 1992 was a federal statute that effectively outlawed sports betting nationwide, excluding a few grandfathered states (most notably Nevada). Enacted to preserve the integrity of sports, it prohibited states from "authorizing" wagering schemes. New Jersey challenged the law after economic downturns in Atlantic City, leading to the landmark Supreme Court case **_Murphy v. National Collegiate Athletic Association_ (2018)**. The Court struck down PASPA on **10th Amendment** grounds, utilizing the **anti-commandeering doctrine**. The Court ruled that Congress cannot compel state legislatures to enforce federal regulatory programs or prohibit them from modifying their own laws. The decision did not legalize sports betting federally but removed the federal barrier, allowing individual states to legalize and regulate the industry at their discretion.

References & Further Reading

  • 1.
    Professional and Amateur Sports Protection Act (28 U.S. Code Chapter 178) View Source →
  • 2.
    Murphy v. National Collegiate Athletic Assn., 584 U.S. ___ (2018) View Source →
  • 3.
    S.474 - Professional and Amateur Sports Protection Act (Congress.gov) View Source →
  • 4.
    Congressional Research Service: Sports Betting and the Anti-Commandeering Doctrine View Source →