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posted by janrinok on Tuesday May 15 2018, @06:09AM   Printer-friendly
from the would-you-have-bet-on-that dept.

U.S. states will be able to legalize sports gambling following a Supreme Court ruling. New Jersey will be among the first to do so:

The U.S. Supreme Court freed states to legalize gambling on individual sporting events, unleashing what will be a race to attract billions of dollars in wagers and heralding a new era for the nation's sports leagues.

The justices on Monday struck down [PDF] the federal law that had barred single-game gambling in most of the country, saying it unconstitutionally forced states to maintain their prohibitions. Nevada has been the only state with legal single-game wagering.

Sports gambling could begin in a matter of weeks in casinos and racetracks in New Jersey, which instigated the legal fight by repealing its gambling ban. Mississippi, Pennsylvania, New York, Delaware and West Virginia could follow soon, and the number of states might reach double digits by the end of the year.

Also at SCOTUSblog, Reuters, and USA Today.


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  • (Score: 1, Interesting) by Anonymous Coward on Tuesday May 15 2018, @07:46AM (2 children)

    by Anonymous Coward on Tuesday May 15 2018, @07:46AM (#679977)

    The Supreme Court's new sports betting decision has terrible news for Trump's immigration crackdown [thinkprogress.org]

    The doctrine [espoused in a 1992 SCOTUS case, [google.com] and used again in Murphy v. NCAA (PDF),] [supremecourt.gov] moreover, has implications well beyond the realm of sports betting. Murphy isn't simply good news for Atlantic City. It also bolsters the legal case against the Trump administration's crackdown on so-called "sanctuary cities". [yale.edu]
    [...]
    What makes this law unusual is that Congress typically does not forbid state lawmakers from taking a particular action. If Congress wants to ban sports betting, it can simply ban sports betting, and instruct federal agents to enforce that law. Banning state lawmakers from authorizing sports betting is a strangely roundabout way of accomplishing a similar goal. And it is also, as Justice Alito explains, unconstitutional.

    The reason why stems from the Supreme Court's "anticommandeering" doctrine, which prohibits Congress from effectively drafting states into federal law enforcement.

    -- OriginalOwner_ [soylentnews.org]

    • (Score: 3, Interesting) by VLM on Tuesday May 15 2018, @01:39PM (1 child)

      by VLM (445) Subscriber Badge on Tuesday May 15 2018, @01:39PM (#680036)

      Its interesting, but its in the genre of "here's how Sanders still could win" or "Hillary has a 99% chance to win today" big lie propaganda via simplification.

      The specific problem with Murphy and PASPA and all that, is that in every state except Nevada, the federal law permits, at the federal level, lawsuits by professional sports organizations against any state other than NV for any generalized complaint about sports gambling, except NV where they're immune from lawsuit. Specifically in the situation with NJ, the feds wouldn't allow NJ to either outright permit or decriminalize sports gambling (two separate lawsuits and injunctions happened). In no case was it ever justified why the citizens of NV have more privilege and freedom enforced at the federal level than citizens of NJ beyond a certain obvious "we paid the legislators to provide favoritism toward the citizens of NV so F the citizens of NJ". In a glossy propaganda sense of smearing "who" is "who" you could kinda describe that as the feds telling the locals what to do, but the real problem with PASPA and why it got overturned is "Uh, its OK if NV does it but not any other state" is a ridiculous violation of equal protection clause, its like something right out of the pre-civil war slavery law based on state, or pre-civil rights era legality of Jim Crow laws. Also its not like the feds are telling NV what to do, that lack of equal protection is kinda the whole point of the problem.

      The other carefully not discussed propaganda issue is its LONG established case law that sports betting and gambling and lottos in general are a states right issue, and PASPA was merely a legalized federal extortion racket against states that didn't implement a state's right the way the feds law said they feel that states should implement their internal state rights. Kinda like excessive federal intrusion into K-12 local education via extortion is often an issue. However its comical to claim there is long established case law that national borders and citizenship are enforced or regulated at the state or muni government level, so the states and muni's saying "F you we're not going to follow federal law with respect to federal matters" is essentially a declaration of civil war, 1860s style. This supreme court case is something entirely different like "Every state in the USA can freely regulate state level matters without unequal-at-the-state-level harassment from the fed level"

      Its actually kinda difficult to pull an analogy with immigration out of PASPA that isn't pure propaganda. I honestly don't think I can do it and I'm usually pretty good at this. Any analogy at all is tricky... something like if the feds tried to enforce state-level favoritism WRT concealed carry laws such that the NRA as a private organization with the explicit support of the feds was able to sue in federal court a list of oppressive states and not permitted to sue free states WRT concealed carry laws...

      I haven't run into very much from thinkprogress that doesn't implement (poorly) multiple techniques of propaganda while not telling most of the (poorly researched) story; I'm just saying that its not historically a valid source of anything but fake news. It should be possible to express leftist viewpoints without outright lying to the reader ... shoudn't it? Or if it isn't, which seems to be the case, doesn't that imply some interesting larger scale things? Its possible that there are stories on thinkprogress that never get cited and discussed that are not outright propaganda fake news; I'm not aware of them but they may exist. Regardless, in this specific situation the thinkprogress story is outright disinformation of the very basest sort.

      The future of PASPA is probably roughly 49 state lawmaker bribes in the usual sense, or at least attempts to buy them off, rather than one federal lawmaker bribe financed law. Or maybe someone will "discover" that gambling is a federal level issue not state level, who knows.

      • (Score: 0) by Anonymous Coward on Tuesday May 15 2018, @06:32PM

        by Anonymous Coward on Tuesday May 15 2018, @06:32PM (#680132)

        You're pretty close.

        I read the judgement, and the key point at issue is whether PASPA constitutes commandeering; i.e. the feds telling the states what and how to regulate, on a topic that properly resides with the states.

        The basic defence from the federal side was: "We didn't tell them what laws to pass! We told them what laws NOT to pass! And how we'd punish their citizens if they followed state law!"

        The response from SCOTUS on a 6/2 with one split decision was: "Fuck that noise. Telling the states what laws they can't pass, on a state jurisdictional issue, is just as bad as telling them what they must pass. This law is invalid, and we also don't think that Congress would have meant to pass it all piecemeal, so we're not doing the seperability thing to save chunks of this law."

        To me the most interesting thing was that the judgements from the pro-federal-interference side came from left-wing justices. ... go liberty? I guess?

  • (Score: 2, Funny) by Anonymous Coward on Tuesday May 15 2018, @08:12AM (2 children)

    by Anonymous Coward on Tuesday May 15 2018, @08:12AM (#679981)

    If there is one good thing about it... the gambling will take just that much more money from the average Joe and transfer it back to the super-wealthy.

    That will help keep prices down as the average Joe will have just that much less money to spend for things like house payments and rent.

    • (Score: 4, Interesting) by c0lo on Tuesday May 15 2018, @09:42AM

      by c0lo (156) Subscriber Badge on Tuesday May 15 2018, @09:42AM (#679992) Journal

      If there is one good thing about it... the gambling will take just that much more money from the average Joe and transfer it back to the super-wealthy.

      True, I can hear the vac pump revving up. Even those not interested in gambling will suffer the incessant assault of ads - happens in Australia nowadays.
      (a google search I just did on 'betting Australia' managed to return a first page with exactly 1 result and all the rest being ads entries)

      That will help keep prices down as the average Joe will have just that much less money to spend for things like house payments and rent.

      I'm not quite sure about that. True, there will be areas in which this will happen, most of them will be where the job market is sluggish now anyway.
      But there will still be areas where the demand is over the supply... see the extreme gentrification of LA/Seattle.

      --
      https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
    • (Score: 2) by PartTimeZombie on Wednesday May 16 2018, @12:47AM

      by PartTimeZombie (4827) on Wednesday May 16 2018, @12:47AM (#680243)

      the gambling will take just that much more money from the average Joe...

      Yup, that's pretty much what happens where I live.

      To be fair it's Poker machines (or pokies as they're known here) that cause the real harm.

  • (Score: 2) by VLM on Tuesday May 15 2018, @01:56PM (1 child)

    by VLM (445) Subscriber Badge on Tuesday May 15 2018, @01:56PM (#680040)

    heralding a new era for the nation's sports leagues

    Those leagues skew extremely boomer, and boomers are going away, as will the national leagues, so spending decades as a delaying tactic, in the long run, sends the wrong message in that the anti-constitutional-ists won the war even though they lost the battle in the end. While pro sports were culturally relevant and popular, sports betting was illegal outside NV, and they kept it that way illegally until the decline set in, so arguably, they won because they got what they wanted.

    Its possible to make money off irrelevant stuff, but this isn't going to be widely culturally important, if most people watching, and presumably betting on, major league baseball are in nursing homes, for the overall culture it doesn't really matter anymore.

    Its sorta like heralding a new era for newspaper op-ed editors when Hillary went to great effort in '16 to get 99% of those newspaper editors to endorse her, which was very nice, and might have mattered in 1916, but they haven't had any cultural influence for decades so the nation LOLed at them/her leading to her loss. The point of '16 was the editors of the NYT have no influence anymore, unlike the anons on /pol/. And in a likewise manner this would have been a fascinating ruling decades ago, but that ship sailed and everyone interested is dying off from old age.

    • (Score: 2) by bob_super on Tuesday May 15 2018, @05:29PM

      by bob_super (1357) on Tuesday May 15 2018, @05:29PM (#680101)

      There's a bunch of 30-yr-olds in my office who have pools running on whatever league or playoff is in session. In the previous job too.
      Anecdotes =/= data, of course.

      One of those guys said something last week about "some Iran deal" and Trump, seemingly having no clue what the hubbub was about, and not actually looking for an answer either.

      Never underestimate Circenses.

  • (Score: 0) by Anonymous Coward on Tuesday May 15 2018, @03:42PM (1 child)

    by Anonymous Coward on Tuesday May 15 2018, @03:42PM (#680070)
    Anything that takes money from idiot sports fanatics and gamblers is ok by me.
    • (Score: 3, Insightful) by Anonymous Coward on Tuesday May 15 2018, @04:06PM

      by Anonymous Coward on Tuesday May 15 2018, @04:06PM (#680079)

      Wow, you need to really get over those feelings of inadequacy from always getting picked last for kickball. It isn't healthy to carry that around with you all your life.

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