Writing for the majority, Justice Alito held that the federal law violated constitutional principles that limited the federal government from controlling state policies. Justices Ginsburg, Sotomayor and Breyer dissented, criticizing the majority for using an ax to “cut down” the entire statute instead of trimming it. The decision cleared the way for all states to pass their own legislation regarding legalizing sports betting, and suddenly eliminates Nevada’s monopoly.
So that it is clear, the law does not legalize sports betting across the country. Instead, it gives states the ability to legalize and regulate sports betting as they did before PASPA.
Currently, only 7 states have legalized sports betting (Connecticut, Mississippi, Nevada, New York, Pennsylvania and West Virginia. And another 13 states have introduced legislation regulating sports betting (California, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Missouri, Oklahoma, Rhode Island and South Carolina). Think about it, while Americans bet $4.76 billion on the Super Bowl in 2018, they only wagered 3% of that amount, legally, in Nevada.
So now what? Will Congress enact uniform federal legislation? You can bet on it! Indeed, Senator Orrin Hatch (R-UT) has already prepared a draft bill.