Congressional Digest

Supreme Court Debates February 2018 No. 2 Vol. 21
National Collegiate Athletic Association et al., Respondents

Sports Gambling

Constitutional Limits on Federal Power

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National Collegiate Athletic Association et al., Respondents

Paul D. Clement, Counsel of Record

The U.S. Congress enacted the Professional and Amateur Sports Protection Act (PASPA) in 1992 with the stated goal of curtailing growing interest by some States in legalizing sports betting. At the time, only one State — Nevada—– authorized the practice, while Delaware, Montana, and Oregon had State-operated sports lottery games. PASPA allowed these States to continue but prohibited the remaining States from “authorizing” lotteries, sweepstakes, or other forms of gambling on amateur or professional sports. The law carved out an exception for New Jersey to legalize sports betting within a year, but the State — which had a constitutional amendment…

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