"Congress may not simply 'commandeer the legislative process of the States by directly compelling them to enact and enforce a federal regulatory program.'"
Constitutional Law I
Murphy v. NCAA
Supreme Court of the United States, 2018
Facts:
- New Jersey passed a law prohibiting sports gambling.
- Congress passed a law prohibiting authorizing sports gambling.
- New Jersey repealed its law prohibiting sports gambling.
Issue:
Can Congress prohibit New Jersey from repealing its law prohibiting sports gambling?
Rule:
Page 1477
Reasoning:
It is a commandeering regardless of whether the federal government is saying the state must enact a law or that it cannot repeal its law. Either way, the federal government is telling the states what to do.
Holding:
No, Congress cannot prohibit New Jersey from repealing its law prohibiting sports gambling.