PHILIP D. MURPHY, GOVERNOR OF NEW JERSEY, et al., Petitioners (No. 16-476) v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al., 584 U.S. 453
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Summary
HOLDINGS: [1]-The prohibition under the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C.S. § 3702(1), of state authorization of sports gambling violated the anti-commandeering rule because it unequivocally dictated what a state legislature might and might not do. Section 3702(1) was not a valid preemption provision under the Supremacy Clause because it was not a regulation of private actors; [2]-The prohibition under § 3702(1) of state licensing of sports gambling suffered from the same defect because it issued a direct order to the state legislature; [3]-PASPA's prohibitions under § 3702(2) against private actors sponsoring, operating, or promoting sports gambling were not severable. Section 3702(1) and (2) were intended to work together, and absent § 3702(1), the prohibition of private conduct would not implement any coherent federal policy.