Mike Florio: "Supreme Court drops NFL into a gambling minefield"

Submitted by LLG on

"A deep dive into the potential legalization of sports wagering and what it mean for the NFL" is the description by Pro Football Live via Audioboom.  Florio does a decent job of explaining why there is a good shot that the Court will allow states to legalize gambling.

Florio's title is a bit over-the-top as I don't think it is a "minefield."  It also misses the point that the NCAA is the first named defendant along with the National Basketball Association, the National Football League, the National Hockey League, and the Office of the Commissioner of Baseball.

For those of you interested in the case but don't want to listen, here are links to the legal briefs via SCOTUSblog on New Jersey Thoroughbred Horsemen’s Association v. National Collegiate Athletic Association, No. 16-477.

The issue is whether Congress may, consistent with the Tenth Amendment, prohibit States from authorizing sports-gambling schemes. The federal statute is the Professional and Amateur Sports Protection Act (PASPA), which Congress passed “to stop the spread of State-sponsored sports gambling.”  The law prohibits private persons from operating sports-gambling schemes pursuant to state law. 28 U.S.C. 3702(2).

I agree with Florio:  There is a really good chance the Supreme Court allows states to legalize gambling.  I'm interested in what people think about that from a policy perspective and how it would change college football -- if at all.

Mr. Yost

July 1st, 2017 at 10:32 AM ^

I'm not smart enough to understand this. I must have clicked on the wrong thread. I'll see myself out and wait for the Saturday posbang, drinking thread, and/or biggest athletic achievement thread.

schreibee

July 1st, 2017 at 3:58 PM ^

For those who care, there are actually GOOD Canadian whiskies, including some bottlings of Canadian Club - but not that basic crap old dudes mix with ginger ale.

For one thing Canadians have the annoying habit of calling any whisky "Rye" even if it's not rye by American standards. So look for bottles that say 100% Rye or some such statement of the mash used.

Happy Canada Day, eh!

huntmich

July 2nd, 2017 at 9:50 AM ^

I feel like this response borders on bringing politics into this thread. If you'd like I could tell you about the state of the supreme court currently, but last I checked there were rules against such posts.

uncle leo

July 1st, 2017 at 10:49 AM ^

And be done with it. 

Gambling has been happening in the world since humans had legs. The first caveman bet someone else he couldn't make the wheel. That dude had to pay up and almost lost his entire stick pile.

xtramelanin

July 1st, 2017 at 11:04 AM ^

murder/rape/robbery/arson have been happening in the world since humans (e.g.,  cain v. abel).  we need to legalize these things too and be done with it.  

as to the gambling on games though, don't people already have access to these things? 

xtramelanin

July 1st, 2017 at 11:22 AM ^

and that's probably the internet magic.  i was NOT comparing gambling to those crimes.  i was only commenting on the rationale:  if people have been doing it, legalize it.  that's it, no more.  not particularly troubled by the gambling thing in that it is legal already, albeit maybe not as accessible as it could be.  

Steeveebr

July 1st, 2017 at 12:01 PM ^

I get your logic, but it's a borderline straw man.  It's a stretch to assume Uncle Leo was saying that all things that humans have been doing for a long time should be OK.  I think you can easily understand what he was saying as:  People have been doing it for a long time, it doesn't really hurt anyone else in the process and making it illegal really doesn't do anything useful.

xtramelanin

July 1st, 2017 at 1:52 PM ^

+ the internet, there was a near collision here.  fortunately nobody was hurt in the exchange, and no tickets were written or arrests made.  phew. 

blue in dc

July 1st, 2017 at 3:01 PM ^

(I'd actually disagree - the intent seemed pretty clear). However the point that arguing something should be allowed because people have always done it is a pretty weak one is still valid. You could argue - not in the federal government's scope to regulate - the actual point of the lawsuit - doesn't hurt anyone, so no need to regulate at all - which I think may have been your point? - limited regulation at some level (e.g. House can't cheat, no minors etc.) Now this is just a message board, so I would not generally bust someones balls over a single poorly argued position, but seeing as how you are actually the person who's now made such a big deal of it, it seems more reasonable. You made a shitty argument, you got called on it. Either ignore it or make a better argument

PapabearBlue

July 2nd, 2017 at 8:57 AM ^

Yes, you're right, if he were attempting to actually argue a point with anyone that mattered and not make a silly comment on a pointless sports website then he should probably have framed his argument a little better.

Everyone here knew EXACTLY what he meant and KNEW that he wasn't advocating murder. He defended himself because someone had to come in and make the stupid ass comment knowing full well that wasn't what he meant. He defended himself because someone came in and said, "fuck it, i'm gonna pick a fight with this guy". 

Solecismic

July 1st, 2017 at 2:55 PM ^

More an acknowledgement. The problem they were trying to combat was gamblers potentially (or actually - I forget if there were actual cases) giving large sums of money to low-level team employees to learn who was being held out of practice. At this point, I don't see how it changes much to allow states to run the book. Might as well tap into an easy source of a lot of money.

Jack Be Nimble

July 1st, 2017 at 11:09 AM ^

The OP states the issue well. It seems like the question is quite a narrow one and actually quite interesting. The lawsuit is not arguing that Congress can't make gambling illegal under federal law. It certainly can. If Congress wants to make gambling illegal and enforce it using federal resources like the FBI, it can certainly do so.

But the law Congress passed actually prevents states from "authorizing" gambling. So a state where gambling is illegal cannot legalize it. This means Congress is forcing state legislatures to keep certain state laws on the books and forcing state cops to enforce those laws.

Basically, the federal government is generally allowed to order around its own employees as much as it wants. But the 10th Amendment creates limits on when it can order around state employees, which means the law Congress passed might be unconstitutional.

Jack Be Nimble

July 1st, 2017 at 8:25 PM ^

Agnostic - (in a nonreligious context) having a doubtful or noncommittal attitude toward something. Not taking a stand on something, especially not holding either of two usually strongly opposed positions.

If you don't believe me, just type the word into the google search engine or search at dictionary.com.

Jack Be Nimble

July 17th, 2017 at 1:56 PM ^

I'm sure you are aware that words often have more than one.

From dictionary.com:

agnostic - not taking a stand on something, especially not holding either of two usually strongly opposed positions

This is in line with my initial statement regarding my feelings on federalism. My word choice was correct.