Jeremy D. Frey, a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton, was quoted in the May 9, 2018 Philadelphia Business Journal article, "Pa., N.J. & Atlantic City Can Cash in Sooner Than Later From Upending Sports Gambling Ban."
The Supreme Court on Monday ruled the law was unconstitutional under the 10th Amendment's reservation of power to the states, according to Jeremy Frey, partner in the Gaming Industry Practice at Pepper Hamilton.
"If PASPA had been directed at regulating 'private conduct' instead of states, the 10th Amendment would not have been involved," Frey said. "In other words, 'Congress can regulate sports gambling directly, but if it elects not to do so, each state is free to act on its own.'"
Without the unlikely scenario of Congress prohibiting it, states can now repeal laws forbidding sports gambling and enact laws to regulate it, Frey said, stripping away the exclusivity states that allowed sports gambling under PASPA had, like Nevada.