Now that the celebrations of the Supreme Court’s ruling that PASPA is unconstitutional are settling down, it is time to look forward as to what happens next for sports wagering.
Sadly, in the ruling that overturned PASPA, the majority of justices did not follow Justice Thomas’ opinion that sports wagering within the borders of a state are the state’s exclusive jurisdiction, but the majority in essence ruled that PASPA failed because Congress overreached by putting the burden of enforcement on the states.
This is important to keep in mind as it leaves the door open for Congress, if so motivated, to come back and fix PASPA, or adopt some other national laws concerning sports wagering, or pass laws sponsored by the sports leagues. But, until Congress passes new laws on sports wagering, if ever, legislation and regulation, for the time being, is back in the hands of the states.
Some states in anticipation of the ruling passed permitting laws, others are now putting permitting laws on the fast track and of course there will be some states that will never permit sports wagering. But it is safe to say the majority of the states will permit some form of sports wagering in the not-too-distant future.
Gaming Today’s The Analyst is an experienced gaming industry executive who offers insight each week on events and issues affecting the industry. The Analyst’s opinions are his own and may not reflect those of Sports Handle.