The think tank Cato Institute and the Pacific Legal Foundation this week filed an amicus brief in support of the state of New Jersey’s appeal to the U.S. Supreme Court to overturn a federal ban on sports betting.
The Cato Institute is a libertarian think tank located in Washington D.C.
According to brief, two questions must be asked of the Professional and Amateur Sports Protection Act, which prohibits sports betting.
One, does PASPA’s prohibition on state licensing of sports wagering commandeer the power of U.S. states to regulate, in violation of the Tenth Amendment?
Two, does PASPA’s discrimination in favor of Nevada, Oregon, Montana, and Delaware violate the fundamental principle of equal sovereignty? Those four states were grandfathered to allow sport betting when PASPSA was passed in 1992.
The brief states, “PASPA is unique in that it directly regulates the ability of states to change their own laws, interfering with the relationship between the states and their residents and undermining the democratic process at the state level.”
The Supreme Court has not yet announced whether it will hear the appeal.
