By Carrie Brown McWhorter
The Alabama Baptist
A landmark ruling by the Supreme Court on May 14 clears the way for all 50 states to legalize betting on college and professional sports.
In the ruling Murphy v. NCAA, the court struck down the 25-year-old federal law known as the Professional and Amateur Sports Protection Act (PASPA) that prohibited states from legalizing sports betting. Justice Samuel Alito wrote the court’s majority opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented. Justice Stephen Breyer filed an opinion concurring in part and dissenting in part.
In his majority opinion, Alito wrote, “Congress can regulate sports gambling directly, but if it elects not to do so, each state is free to act on its own. Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not.”
The decision means states can now authorize betting on college and professional sports, horseracing, golf and other sports events both in the U.S. and abroad. Effectively what’s legal in Nevada could now be legalized everywhere, Joe Godfrey, executive director of the Alabama Citizens Action Program (ALCAP) said. One of his biggest concerns is the expansion of daily fantasy sports gambling.
“The problem is going to be that daily fantasy sports is going to take off and become the accepted norm,” Godfrey said. “We need a decision by Congress to solve this.”
Officials with various sports organizations issued cautionary statements following the court’s decision.
“While we are still reviewing the decision to understand the overall implications to college sports, we will adjust sports wagering and championship policies to align with the direction from the court,” said Donald Remy, chief legal officer for the NCAA (National Collegiate Athletic Association), the defendant in the case.
Tony Clark, executive director of the MLB Players Association, said, “The court’s decision is monumental, with far-reaching implications for baseball players and the game we love. From complex intellectual property questions to the most basic issues of player safety, the realities of widespread sports betting must be addressed urgently and thoughtfully to avoid putting our sport’s integrity at risk as states proceed with legalization.”
‘Conceived in greed’
Les Bernal, national director of Stop Predatory Gambling, issued a statement criticizing the ruling. “This litigation was conceived in greed by powerful gambling interests in partnership with a handful of self-serving politicians to benefit a privileged few,” Bernal said.
“While the court’s ruling centered on lofty questions involving states’ rights, the real-world consequences of its decision are severe,” he explained. “The American people lost $117 billion on state-sanctioned gambling in 2016. … This serious national problem will be made far worse if the government is allowed to operate and advertise sports betting.”
The challenge to PASPA came from the state of New Jersey. The case was originally called Christie v. NCAA but was changed when Phil Murphy took office in January 2018, succeeding Chris Christie as New Jersey’s governor.
Following news of the court’s decision, Christie tweeted, “A great day for the rights of states and their people to make their own decisions. New Jersey citizens wanted sports gambling and the federal Gov’t had no right to tell them no.”
During oral arguments before the court, Ted Olson, arguing for New Jersey, framed the issue as one of states-right versus federal oversight. Illegal betting has been estimated to be an annual industry of $67- to 150-billion, and cash-starved states see gambling as a potential source of revenue. New Jersey projects up to $9 billion in revenue from sports gambling operations.
Mississippi casino owners also have expressed a desire to take action now that the Supreme Court has ruled.
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