Editor's Note: The Sports Gambling (anti) Federalist Papers

Abstract

The foundation for this special issue was laid when the U.S. Supreme Court announced on May 14, 2018, that the Professional and Amateur Sports Protection Act (“PASPA”) violated the anti-commandeering principle contained within the Tenth Amendment. The decision in Murphy v. National Collegiate Athletic Association opened the door for states around the country to begin legalizing sports wagering for the first time in more than 25 years. The response to this newfound opportunity has been met with enthusiasm, with more than 15 states passing legislation to legalize sports gambling of various types within their borders in just over two years. The excitement over sports betting has not gone unnoticed by Congress, which, in September 2018, held a hearing titled “Post-PASPA: An Examination of Sports Betting in America.” The hearing sparked debate over what role the federal government should have in a new world where sports betting could be regulated across the country, as opposed to being confined largely to Nevada.