Supreme Court's decision could spur action in Congress, sports leagues on gambling

The odds consumers will be able to place bets as easily as ordering a cold brew improved with Tuesday’s announcement that the Supreme Court will hear New Jersey’s sports betting case.

Oral arguments for the case have not been scheduled and a decision is not expected for about a year, but the fact that the Professional and Amateur Sports Protection Act (PASPA) could be declared unconstitutional by the nation's highest court may spur sports leagues and lawmakers to come up with a reworked federal law that regulates sports betting. 

PASPA, passed in 1992, severely limits sports gambling in but one state (Nevada). 

"I think this is a perfect opportunity to frame the issue before Congress," sports and gambling law attorney Daniel Wallach told USA TODAY Sports. "The leagues don't want a patchwork of laws from state to state. They'd prefer a unified federal approach so they can maintain some level of control. There's a need to do something right now."

The Gaming Accountability and Modernization Enhancement Act, proposed as a draft bill by Rep. Frank Pallone (D-N.J.) last month, would clear the way for states to decide whether to allow sports betting. The proposed law would ban underage betting, include safeguards against compulsive gambling and there would be oversight to ensure “the integrity of the sporting event.”

NFL DRAFT HUB: Latest NFL Draft mock drafts, news, live picks, grades and analysis.

The bill hasn't been submitted to committee and passage, at least before Tuesday, and doesn't appear to be a legislative priority.

“I applaud the Supreme Court for taking on this case and potentially resolving a long history of hypocrisy and unfairness in federal law," Pallone, the ranking member of the House Energy and Commerce Committee, siad in a statement on Tuesday. "Rather than continuing to allow criminal and offshore entities to reap the benefits of illegal gaming, there is now an opportunity for the Supreme Court to allow the democratic process in New Jersey to appropriately regulate  sports gaming.”

The attorneys general for West Virginia, Arizona, Wisconsin, Mississippi and Louisiana filed amicus briefs in support of New Jersey’s writ of certiorari that was granted. PASPA withstood several other challenges, including from Delaware which was blocked from offering unlimited sports betting at racetracks nearly a decade ago. 

"There's a downside here if the leagues don't take advantage and New Jersey wins this case," Wallach said. "They are going to have a more difficult time persuading lawmakers to enact new legislation. The casino industry would oppose those efforts if PASPA gets repealed because they will have already gotten everything they need."