http://www.lexology.com/library/detail.aspx?g=c961a409-4905-4f69-88a1-f1b6bbab6dce
Dinsmore & Shohl LLPKevin P. Braig
Some of the biggest names in the legal profession wrestled with points of constitutional law on February 14 in NCAA v. Christie , the case that some have called “the fight for the future of American sports gambling.”
But the outcome of the case may turn on how Judge Michael A. Shipp pins down the NCAA’s, NFL’s and other sports leagues’ position on a point of administrative law.
The big issue at stake in the case is whether the 1992 Professional and Amateur Sports Protection Act (“PASPA”), which limits single-game sports betting to Nevada, is constitutional. The sports leagues, as well as the United States Attorney on behalf of the Department of Justice (“DOJ”), contended in oral argument that Congress’ basis for enacting PASPA—stopping the growth and spread of legal and regulated sports betting—was a rational exercise of the Commerce Clause.