I. Nelson Rose weighs in on whether Supreme Court will legalize sports betting

JURIST, February 7, 2017

In a guest commentary written for legal news website Jurist.org, Professor I. Nelson Rose explores the U.S. Supreme Court’s request for the Solicitor General to submit a brief in a pending appeal on whether New Jersey can legalize sports betting.

“The issue of gambling should be one of the easiest questions to answer under Our Federalism. Gambling falls under the states’ police power. This is the right, and obligation, of local governments to protect the health, safety, welfare and morality of their residents.

“There has never been any doubt that gambling has always been a state police power issue. The federal government only becomes involved when the U.S. Constitution gives Congress and not the states the exclusive power over an issue, as with Indian gaming, or when the states ask the central government for help.”

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