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  • New Jersey repealed its law prohibiting sports gambling.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:

LexisNexis IconWestLaw LogoGoogle Scholar LogoPage 1477
New York v. United States

"Congress may not simply 'commandeer the legislative process of the States by directly compelling them to enact and enforce a federal regulatory program.'"

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.

Brave Browser – Ad-free browsing