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Following Christie II, states “must maintain an anti-sports wagering scheme” by “leav[ing] sports gambling prohibitions on the books to regulate their citizens.” Judge Vanaskie opined that this really “leaves the States with no choice,” adding that “[t]he anti-commandeering doctrine, essential to protect State sovereignty, prohibits Congress from compelling States to prohibit such private activity.” Judge Vanaskie was unpersuaded by the majority’s assertion that some partial repeal options “may pass muster” (such as the example involving small wagers between friends and family), noting that the majority “does not explain why all partial repeals are not created equal or explain what distinguishes the 2014 Law from those partial repeals that pass muster.” As Judge Vanaskie explained, “[t]he bedrock principle of federalism that Congress may not compel the States to require or prohibit certain activities cannot be evaded by the false assertion that PASPA affords the States some undefined options when it comes to sports wagering.” Contending that the majority opinion “excised” the distinction between a “repeal” and an “authorization,” Judge Vanaskie declared that it is “clear” that no repeal of any kind will evade PASPA’s command that no State “shall. .. authorize by law sports gambling.” Such commands, Judge Vanaskie concluded, “are fundamentally incompatible with our constitutional system of dual sovereignty.” Judge Vanaskie’s commandeering analysis—and his thesis that PASPA requires states to maintain and enforce existing state-law gambling prohibitions—will likely be the centerpiece of New Jersey’s petition to the Supreme Court.

Pages: 108

Publisher: Gale, U.S. Supreme Court Records (October 30, 2011)

ISBN: 1270567543

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