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Opinion analysis: Justices strike down federal sports gambling law
SCOTUSblog ^ | May 14, 2018 | Amy Howe

Posted on 05/14/2018 10:55:37 AM PDT by Repeal 16-17

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. Today the justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine. Their decision not only opens the door for states around the country to allow sports betting, but it also could give significantly more power to states generally, on issues ranging from the decriminalization of marijuana to sanctuary cities.

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: federalism; gambling; lawsuit; ruling; scotus; sports; sportsgambling; supremecourt
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The Supreme Court tells the Congress to mind its own business regarding sports betting. Always nice to see the Supreme Court enforcing limits on federal authority. It needs to happen much more often.
1 posted on 05/14/2018 10:55:38 AM PDT by Repeal 16-17
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To: Repeal 16-17

Sanctuary cities....sorry...immigration is Federal.


2 posted on 05/14/2018 10:59:40 AM PDT by Sacajaweau
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To: Repeal 16-17

“A journey of a thousand miles starts with a single step.”

At some point sooner than later, the nation has got to wake up and not allow Supreme Court decisions, constitutionally limited to the parties of the individual case, to be “national law”. The Constitution only allows Congress to make national law.


3 posted on 05/14/2018 11:02:44 AM PDT by Jim 0216 (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: Repeal 16-17

Good decision. The feds should stay out of the states’ areas and the states should stay away from interfering with the federal responsibilities such as immigration laws.


4 posted on 05/14/2018 11:06:03 AM PDT by House Atreides (BOYCOTT the NFL, its products and players 100% - PERMANENTLY)
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To: Repeal 16-17

Interesting, because the USSC (different justices) have made all kinds of justifications under the commerce clause - things that were far less likely to interfere with commerce than gambling laws were upheld, but gambling laws are struck down. I am glad to see some sanity from the court, to keep the federal government from running amok. It is rare to see, though.

On the other hand, the court could still uphold these laws indirectly since federal prosecutions of gambling often cite violations of the wire act or money laundering provisions - not just gambling laws - to enforce their will.


5 posted on 05/14/2018 11:06:53 AM PDT by monkeyshine
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To: Sacajaweau
Sanctuary cities....sorry...immigration is Federal.

Immigration law is federal, but the States can't be turned into its puppets to enforce it.

6 posted on 05/14/2018 11:12:31 AM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17

So I hope that if I move from Californicatia to Idaho, it will stop Cali-Crazies from trying make blood run in the streets of Coeur D’Alene.


7 posted on 05/14/2018 11:22:31 AM PDT by CharlesOConnell (CharlesOConnell)
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To: Repeal 16-17

Does this mean the return of Intrade/Tradesports?

Woo-hoo!


8 posted on 05/14/2018 11:29:11 AM PDT by rhinohunter (Dear Mr. Trump: I'm still not tired of winning)
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To: Repeal 16-17

Wasn’t McCain pushing this?


9 posted on 05/14/2018 11:34:44 AM PDT by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jefferson)
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To: Repeal 16-17

7-2 decision?


10 posted on 05/14/2018 11:49:37 AM PDT by The people have spoken (Proud member of Hillary's basket of deplorables)
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To: Repeal 16-17

There is no limit to how government can separate stupid people from their money.


11 posted on 05/14/2018 12:16:17 PM PDT by Midwesterner53
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To: The people have spoken
7-2 regarding finding a 10th Amendment violation.

6-3 for finding the unconstitutional part of the federal law was not severable from the rest of that law and so that federal law had to be voided in its entirety.

Justice Breyer was who split the difference.

12 posted on 05/14/2018 12:41:09 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17

Actually, they can. For as long as a state remains a member of the Republic it is bound to enforce federal law in the routine pursuance of its duties. No state agency may knowingly or deliberately refuse to acknowledge the authority of federal law. To wit, a citizen apprehended for a local crime must grant ICE access to determine citizenship and if found to be in the US illegally be taken into custody at the end of the state’s interest. Failure to do so is a violation of federal crimes against harboring fugitives.


13 posted on 05/14/2018 2:18:09 PM PDT by Louis Foxwell (Islam is Satans finest work.)
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To: Repeal 16-17

The Supreme Court tells the Congress to mind its own business regarding sports betting. Always nice to see the Supreme Court enforcing limits on federal authority. It needs to happen much more often.


Next ... Federal laws outlawing pot. The same arguments apply almost verbatim. It was commonly acknowledged in the early 1900s that the Feds had no power to make alcohol illegal, and thus a Constitution amendment was required. Yet the year that Prohibition was repealed, Congress passed laws outlawing pot, even though over 80% of the pharmaceuticals of the day contained pot in some way. What was the difference? FDR and all his regulations accepted by the public.

The country needs to eliminate the conflicts between Federal and State laws in order to return us to the rule of law. Federal pot laws have to go.

(PS ... never used pot, never will)


14 posted on 05/14/2018 3:07:46 PM PDT by Mack the knife
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To: Louis Foxwell
No state agency may knowingly or deliberately refuse to acknowledge the authority of federal law.

That just begs the question: may the federal government gives orders to the States or State officials? For the third time since 1992, the Supreme Court has said "no." That doesn't mean any State may interfere with the federal government enforcing federal law. It simply means if the feds want the States to enforce federal law, they must get the States to consent to doing so.

The 10th Amendment protects the States from being drafted by the federal government into being federal agents. The United States is a federal republic and so the States must be able to exist, subject to the Supremacy Clause, independently of the federal government.

15 posted on 05/14/2018 5:03:04 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17

The issue before us is both the refusal of some local officials to acknowledge the jurisdiction of federal law and in some cases the deliberate subversion of federal law by local officials. We are not here discussing the federal government co-opting local authority. Rather, the issue is the refusal of some local officials to recognize the legitimate authority of federal law where it applies, as in illegal border crossing.


16 posted on 05/14/2018 5:12:13 PM PDT by Louis Foxwell (Islam is Satans finest work.)
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To: Repeal 16-17

Vegas isn’t going to like this one bit.


17 posted on 05/14/2018 5:19:58 PM PDT by Ronald_Magnus
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To: Louis Foxwell
We are not here discussing the federal government co-opting local authority.

Yes, we are. That's what this thread and the Supreme Court's decision are about.

Rather, the issue is the refusal of some local officials to recognize the legitimate authority of federal law where it applies, as in illegal border crossing.

Agree regarding the Secessionist State of Kalifornia and regarding sanctuary cities. They actively interfere with ICE agents. That violates the Supremacy Clause as well as federal law.

The State and local governments can not interfere with federal enforcement of federal law, but the federal government can not force them to assist in such enforcement.

18 posted on 05/14/2018 6:16:42 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Repeal 16-17; AuH2ORepublican; BillyBoy; Bender2; big'ol_freeper; campaignPete R-CT; ...

Seems like the right decision to me. Libs Wise Latina, Ginsberg and Breyer (in part) dissented.


19 posted on 05/14/2018 11:27:47 PM PDT by Impy (I have no virtue to signal.)
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To: AuH2ORepublican

This law they struck down looks blatantly unconstitutional to me, banning sports betting with the exception of Nevada? How did it last this long?


20 posted on 05/14/2018 11:39:37 PM PDT by Impy (I have no virtue to signal.)
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