Supreme Court places big bet on federalism

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

Weekly litigation update — July 1, 2017

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in … ›

Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined … ›

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay … ›

New Jersey doubles down on sports betting

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has … ›

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Supreme Court places big bet on federalism

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

Weekly litigation update — July 1, 2017

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in … ›

Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined … ›

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay … ›

New Jersey doubles down on sports betting

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has … ›

The Morning Docket

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Supreme Court places big bet on federalism

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

Weekly litigation update — July 1, 2017

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in … ›

Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined … ›

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay … ›

New Jersey doubles down on sports betting

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has … ›

Supreme Court places big bet on federalism

This morning, the Supreme Court released its long-awaited decision in Murphy v. NCAA, New Jersey’s constitutional challenge to a federal law that forbids the state from amending its own sports … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

New Jersey goes all in on the Constitution in sports betting case

Can Congress dictate to states what their own laws must be? Anyone familiar with federalism will likely immediately say “no.” Our Founders drafted a Constitution that preserved the independence of the the states, believing that dividing power between the federal government and the states would be a bulwark to protect our liberty. To preserve the Founders’ design, the Supreme Court has said that the federal government cannot “commandeer” the states by requiring them to adopt or enforce federal policy.

Yet the Professional and Amateur Sports Protection Act, passed by Congress in 1992, purports to tell most states—but not others—that they must forbid sports gambling. In particular, it forbids states from “authorizing” sports betting “by law,” which means that those states that forbade sports betting in 1992 must continue doing so forever. That’s unconstitutional.

Weekly litigation update — July 1, 2017

PLF sues Seattle over compelled political campaign contributions What are the odds? Supreme Court to decide constitutionality of federal sports betting ban SCOTUS denies review of a takings win in … ›

Supreme Court to hear constitutional challenge to federal sports betting ban

This morning, the Supreme Court decided to review New Jersey’s constitutional challenge to a federal law that purports to forbid almost every state—except, notably, Nevada—from legalizing sports gambling. PLF, joined … ›

Weekly litigation report — November 19, 2016

Special taxes Endangered species — otters and urchins Guilty until proven innocent Separation of powers  Special taxes We filed our petition for review in Building Industry Association of the Bay … ›

New Jersey doubles down on sports betting

This week, I participated in a Federalist Society teleconference call on the Third Circuit’s recent en banc arguments over New Jersey’s efforts to repeal its prohibitions against sports gambling. That call has … ›