Jurisprudence Final Paper (1).pdf - Steven Giannelli Professor Feldman POLS 450 Murphy vs National Collegiate Athletic Association In 1992 Congress

Jurisprudence Final Paper (1).pdf - Steven Giannelli...

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Steven Giannelli Professor Feldman POLS 450 May 11, 2019 Murphy vs. National Collegiate Athletic Association In 1992, Congress passed the Professional and Amateur Protection Act or PAPSA which prohibited state sanctioned sports gambling. Under PAPSA, there were exceptions for Nevada, Oregon and Delaware. New Jersey was also an exception provided that the state enact a sports gambling scheme within one year of the passage of PAPSA. The act also allows sports leagues whose games are the subject of gambling to bring an action to enjoin the gambling. In 2011, the New Jersey legislature held a referendum asking voters whether sports gambling should be permitted. 64 percent, in fact, voted in favor of a state amendment that would permit gambling of sports events. In 2012, New Jersey enacted the Sports Wagering Act which authorized sports wagering at casinos and racetracks. It also implemented a comprehensive regulatory scheme for licensing casinos and events. As the act was being passed, five sports leagues sued to enjoin the New Jersey law. The state defended itself by arguing that PAPSA was unconstitutional under the anti-commandeering doctrine. In short, the anti-commandeering doctrine cannot require states or state officials to adopt or enforce federal law. After much deliberation, the district court held that PAPSA was constitutional and enjoined the Sports Gambling Act. As a result, a second law was passed in 2014 that repealed the regulations for licensing casinos and sporting events. Severability is the idea that a court may levy an unconstitutional part of a statute while leaving the constitutional aspects in the law. The court follows this idea in that it should not disable more work of a legislature than is required.
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In a 6-3 opinion led by Justice Alito, the court reversed in favor of the state of New Jersey. It's finding was that PAPSA's provision prohibiting gambling violates the anti-commandeering doctrine of the 10th amendment. The question of the court was “Does a federal statute that prohibits modification or repeal state-law prohibitions on private conduct impermissibly commandeer the regulatory power of states in contravention of New York v.
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  • Fall '09
  • Law, Supreme Court of the United States, United States Congress, Law of the United States

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