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Are All States Equally Subject to Federal Law

 
 
gollum
 
Reply Wed 26 Aug, 2015 07:51 am
Is it constitutional for Congress to exempt some States from a federal law (e.g., gambling prohibition) and not the other States?
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engineer
 
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Reply Wed 26 Aug, 2015 10:54 am
@gollum,
There is no federal prohibition on gambling in general although there are some uniformly enforced rules on Internet gaming, etc. I don't know of any examples of what you are referring to, but I don't see why Congress couldn't pass a law that includes exemptions for certain states or regions.
gollum
 
  1  
Reply Wed 26 Aug, 2015 11:54 am
@engineer,
engineer-

Thank you.

See below:

US appeals court kills New Jersey’s sports gambling dreams

By Reuters

August 25, 2015

US appeals court kills New Jersey’s sports gambling dreams
New Jersey was hoping to generate billions from Las Vegas-style sports gambling like at the Las Vegas Hilton

A US appeals court on Tuesday ruled against a New Jersey law authorizing sports gambling in the state, upholding a lower court ruling that voided the state’s repeal of some prohibitions against betting on games.

Attorneys and advisers had predicted that had New Jersey won, it would have enabled the state to grab a slice of a national market that could be as much as $400 billion and would have had implications beyond the state.

New Jersey Gov. Chris Christie, who is running for the Republican presidential nomination for 2016, in October signed legislation partially repealing a ban on sports wagering in the state.

The state has struggled financially, suffering from credit downgrades and underfunded pensions. New Jersey stood to gain about $10 billion if legal sports betting spread, according to Dennis Drazin, an adviser to two parties involved in New Jersey’s Monmouth Park Racetrack.

The decision by the US Court of Appeals for the Third Circuit was by a 2-1 vote.

“Besides ruling against New Jersey’s plan to legalize sports betting, the Third Circuit did not offer a potential road map to legalization, as many had predicted,” said Daniel Wallach, gaming attorney with Becker & Poliakoff in Florida.

Christie’s office did not immediately comment.

The National Collegiate Athletic Association, National Football League, National Basketball Association and other leagues sued after New Jersey lawmakers legalized sports betting in 2012. The leagues said that violated a 1992 federal law that banned the activity in all but four states, particularly Nevada, where it was already allowed. Betting also threatens the integrity of sports games, they argued.

New Jersey lost, but tried again last year with legislation that attempted an end-run around the federal ban prohibiting states from authorizing, sponsoring, operating or licensing the practice. The measure essentially removed state control and deregulated sports wagering at casinos and racetracks.

“We are pleased that the Third Circuit has adopted the position of the sports leagues and the NCAA,” said Major League Baseball in a statement.

The American Gaming Association is assessing the implications of the court’s decision, according to a statement.

“With Americans betting at least $140 billion on sports illegally each year, it’s clear that (the) current law is not achieving its intended result,” said AGA President and CEO Geoff Freeman.

One industry, fantasy sports, stands to gain from the decision, Wallach said, as it would “continue to have a monopoly in the sports gambling space.”
engineer
 
  1  
Reply Wed 26 Aug, 2015 12:00 pm
@gollum,
Thanks, interesting article. So yes, Congress can pass a law with specific states called out. Elected reps from all the states approved it.
gollum
 
  1  
Reply Wed 26 Aug, 2015 01:53 pm
@engineer,
engineer-

Thank you.

And I guess the Constitution doesn't prohibit it.
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