Competitive enterprise institute joins anti-PASPA issue in the supreme court

New Jersey’s appeal to the US Supreme Court for the right to decide on its own sports betting laws rather than be bound by the federal Professional and Amateur Sports Protection Act (see previous reports) has received support from the Competitive Enterprise Institute, the Pacific Legal Foundation, Cato Institute, and the Wisconsin Institute for Law and Liberty.

In an amicus brief filed this week the organisations argue that the US Constitution forbids Congress from requiring New Jersey to enforce a federal ban on sports gambling and urges the court to invalidate PASPA.

“The people of New Jersey voted to end their state’s ban on sports gambling, but a 1992 federal law was used to nullify that vote,” explained Sam Kazman, CEI general counsel in a statement Wednesday.

“That law is bad in terms of public policy, and even worse in terms of constitutionality.”

CEI Senior Fellow Michelle Minton, an expert in sports gambling policy, added that PASPA has not only failed to halt the spread of sports betting, but also threatens the very notion of representative government by allowing members of Congress to make decisions with no regard for the will or interests of each state’s citizens.

The brief draws attention to previous cases in which the Supreme Court struck down federal laws for violating this “commandeering” principle. Absent this constitutional restraint, the brief explains, the federal government could enlarge its power at the expense of America’s system of federalism, respect for the US political decision-making process, and most importantly, the liberty of all Americans.

At issue is whether New Jersey is allowed to repeal its own state ban on sports gambling, as its citizens have already voted to do. The court is expected to hear oral argument in the case later this year.

The American Gaming Association campaign to do away with PASPA has increased in intensity this year, with officials using conferences and other publicity opportunities to suggest it is time for change.

See the CEI amicus brief content in full here:

https://cei.org/content/amicus-brief-pacific-legal-foundation-cei-and-cato-institute-christopher-christie-v-ncaa