Sports Gambling and Federalism

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. Joe says:

    Grandfathering is a usual practice and Congress might have felt that established betting was such an important aspect of local economy that it would be problematic to do away with it there. But, Wikipedia’s entry on the act does cite an equal protection argument. But, other examples of grandfathering of this caliber must be available. Seems weak.

    Wikipedia also notes (w/o sourcing) that some claims are based on gambling being a state matter that the feds don’t have power to regulate in this fashion. Sounds like a regulation of CC to me, but heck, so did PPACA.

  2. Shag from Brookline says:

    “Grandfathering is a usual practice … ” started in America perhaps with the “grandfathering” of slavery in the Constitution. Then there was Dred Scott.

  3. Joe says:

    Dred Scott set forth a curious form of this — basically, even if your grandfather was a slave, no federal citizenship for you.

  4. Shag from Brookline says:

    Touche, Joe, Touche. Grandmothered is more comforting.

  5. David says:

    Another wrinkle in this whole sports betting issue is the WTO ruling against the United States, where Antigua argued that it was an unfair trade restriction that Vegas sportsbooks are allowed to take gambling money from Americans, but offshore ones are not. The US lost that battle (several times, including appeals), but has still refused to legalize online gambling, while Antigua has been granted the right to sell US copyrighted material without compensating the makers. So it seems state and international pressure is on the federal government.