The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The parties and their counsel give the case an Ali-Frazier feel. New Jersey Governor Chris Christie versus the National Collegiate Athletic Association and all four major professional sports leagues (the National Basketball Association, the National Football League, the National Hockey League and Major League Baseball). Former U.S. Solicitor General Ted Olson versus his successor (and his principal deputy) Paul Clement. For Supreme Court junkies, you don’t get much closer to the Thrilla in Manilla. And though our briefs take no position on the policy of legalizing betting on professional and collegiate sporting events, there is no denying that the court’s decision could have significant real-world effects on that industry.The reason we, as representatives of our state, are watching the case? It could be the first Supreme Court decision since Printz v. United States in 1997 – and only the third in the court’s history — to strike down an act of Congress for violating the 10th Amendment under the anti-commandeering doctrine. In the decision under review, the en banc U.S. Court of Appeals for the 3rd Circuit held that the Professional and Amateur Sports Protection Act of 1992 bars states that have existing state-law prohibitions on sports betting from changing those laws to allow some betting. The Supreme Court could, and should, hold that the 10th Amendment doesn’t permit Congress to exercise that kind of direct control over state law and legislatures. That is a holding that should be welcomed by most states, whether red or blue, and whether they support sports gambling or not.