- Court: United States Supreme Court
- Area(s) of Law: Constitutional Law
- Date Filed: May 14, 2018
- Case #: 16-476
- Judge(s)/Court Below: ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS, KAGAN, and GORSUCH, JJ., joined, and in which BREYER, J., joined as to all but Part VI–B. THOMAS, J., filed a concurring opinion. BREYER, J., filed an opinion concurring in part and dissenting in part. GINSBURG, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined, and in which BREYER, J., joined in part.
- Full Text Opinion
Respondent challenged the validity of a New Jersey law which repealed state laws prohibiting sports gambling by persons 21 years of age or older in Atlantic City. Respondent filed suit, arguing that the law violated the Professional and Amateur Sports Protection Act (PASPA), which prohibits authorization of sports gambling by the states. Petitioner argued the law was not an authorization of sports gambling, but a repealer. Petitioner further argued that the PASPA violated the anticommandeering principle of the Constitution. The district court ruled in favor of Respondent, deciding that the state law was intended to authorize sports gambling and violated PASPA. The Third Circuit affirmed. On appeal, the Supreme Court reversed, stating that while the repeal acted as an authorization of sports gambling by the state, PASPA violated the anticommandeering principle of the Constitution by issuing direct orders to state legislatures. The Court held that where a federal law, which is not within the enumerated powers of the federal legislature, establishes an affirmative action or prohibition to be imposed upon the states it violates the Constitution’s anticommandeering principle and state sovereignty. Further, the Court held that no other provisions of the PASPA were severable from the unconstitutional provisions. REVERSED.