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Perhaps most crucially for New Jersey, Justice Stephen Breyer pressed Clement to explain Congress’ goal in enacting PASPA. When Clement responded that Congress wanted to eliminate “state-sponsored or -operated gambling taking place by either individuals or the state,” Breyer pounced. That means, he observed, “there is no interstate policy other than the interstate policy of telling the states what to do.”

Arguing for the United States in support of the NCAA and the sports leagues, Deputy Solicitor General Jeffrey Wall tried to offer the justices a way around a potentially sticky constitutional problem. Here, he said, even though New Jersey characterized its 2014 law as a repeal of existing state laws regulating sports betting, the law actually authorized sports betting, in the sense that it only allowed sports betting at 12 specific casinos and racetracks in the state.

But that response got him into hot water with Roberts, after Wall responded “yes” to a question about whether New Jersey could repeal all existing state laws, “across the board, no exceptions.” “You have no problem at all and anyone can engage in any kind of gambling they want” – including a 12-year-old going to a casino? Roberts asked incredulously.

The argument continued for a few minutes more, but that exchange may have been enough for at least five justices. A decision in the case is expected by summer.

full article is here

https://www.scotusblog.com/2017/12/argument-analysis-justices-seem-side-state-sports-betting/

Perhaps most crucially for New Jersey, Justice Stephen Breyer pressed Clement to explain Congress’ goal in enacting PASPA. When Clement responded that Congress wanted to eliminate “state-sponsored or -operated gambling taking place by either individuals or the state,” Breyer pounced. That means, he observed, “there is no interstate policy other than the interstate policy of telling the states what to do.”

Arguing for the United States in support of the NCAA and the sports leagues, Deputy Solicitor General Jeffrey Wall tried to offer the justices a way around a potentially sticky constitutional problem. Here, he said, even though New Jersey characterized its 2014 law as a repeal of existing state laws regulating sports betting, the law actually authorized sports betting, in the sense that it only allowed sports betting at 12 specific casinos and racetracks in the state.

But that response got him into hot water with Roberts, after Wall responded “yes” to a question about whether New Jersey could repeal all existing state laws, “across the board, no exceptions.” “You have no problem at all and anyone can engage in any kind of gambling they want” – including a 12-year-old going to a casino? Roberts asked incredulously.

The argument continued for a few minutes more, but that exchange may have been enough for at least five justices. A decision in the case is expected by summer.

full article is here

https://www.scotusblog.com/2017/12/argument-analysis-justices-seem-side-state-sports-betting/