Sports Betting: Risks & Ripple Effects Teach-Out

A Supreme Court ruling changed how states could regulate sports betting, and legal scholars Alison LaCroix and Julian Davis Mortensen explain the constitutional principles behind it.

Takeaways: U.S. Regulations and Sports Betting

We have prepared a list of key points from the What Does the U.S. Constitution and Supreme Court Have to Do With Sports Betting? interview for your reference. Please note that this U.S.-specific content may not directly apply to you if you do not reside in the United States of America.

1. Gambling regulation has deep historical roots in American governance. Gambling was widespread and controversial in early America, and the founders were familiar with its social and economic risks. Early governments frequently regulated or restricted gambling as a matter of public virtue and community protection, making modern debates part of a long-standing tradition rather than a novel challenge.

2. The Murphy v. NCAA (2018) decision fundamentally reshaped sports betting in the U.S. By striking down the Professional and Amateur Sports Protection Act (PASPA), the Supreme Court removed a federal prohibition that had blocked most states from authorizing sports betting. This ruling did not legalize sports betting nationwide but instead transferred decision-making power to individual states, triggering rapid and uneven expansion across the country.

3. Federalism and the anti-commandeering doctrine were at the heart of the case. The Court relied on the Tenth Amendment to affirm that Congress cannot dictate what laws states must or must not pass. PASPA was ruled unconstitutional because it told states they could not legalize sports betting—violating the principle that states retain sovereignty over areas not explicitly assigned to the federal government.

4. The Supreme Court serves as an interpretive “umpire,” not a policymaker. In resolving disputes between state and federal authority, the Court exercises judgment rather than simply applying mechanical rules. Constitutional boundaries evolve through ongoing conflict, meaning decisions like Murphy reflect broader debates about power, governance, and democratic accountability—not just gambling policy.

5. States are now the primary drivers of gambling policy and can still change course. States retain authority to regulate, restrict, or ban sports betting, and their approaches vary widely. With federal gridlock limiting national regulation, states function as “laboratories of democracy,” experimenting with different models. Importantly, legalization is not necessarily permanent: states can tighten their rules, and Congress could intervene in the future if a political consensus emerges.

Reflection Questions

In your daily life, you may have one or more than one of the following roles. Think about the questions that we have posed here. How can you use the What Does the U.S. Constitution and Supreme Court Have to Do With Sports Betting? interview to respond to these questions?

• Public health professionals:
  • How do the federalism principles in the Murphy decision compare to the regulatory frameworks governing gambling in your country, and what lessons might each system offer the other?
• Young adult casual bettors:
  • If you reside in the U.S., how does the state-by-state approach to sports betting regulation affect your exposure to risk, advertising, and protections where you live or attend school?
  • How does understanding the constitutional roots of sports betting legalization change how you think about responsibility for harms at the individual, industry, or government level?
  • How does the U.S. state-by-state approach to gambling regulation differ from how gambling is regulated in India, and what might each model reveal about managing risk?
• High school or college athletics professional:
  • What steps could you take to learn about your state’s specific gambling laws so you can better educate student-athletes and their families?
• Higher education professional:
  • Given that federal law leaves much of sports betting regulation to the states, what role should colleges and universities play in filling gaps in education, prevention, and support?
• Parent or partner:
  • How might understanding state-level gambling laws help you guide conversations with your child or partner about the legal and personal risks of sports betting?

Additional Resources

1. Michael Lewis, Against the Rules podcast: Alison LaCroix on How History Rhymes at the Supreme Court
2. Ohio Governor Mike DeWine Regrets Legalizing Sports Betting