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On the contrary, from what I gather, the Justices were amenable to the federal government regulating or even banning intrastate (non-cross-border) gambling as well!

The problem was that PASPA was sloppy and didn’t do that; its mechanism was to tell states what laws they could or couldn’t pass, which is unconstitutional for reasons outside the Commerce Clause.

Per Proskauer:

> Perhaps the most interesting aspect of the opinion was Justice Alito's unequivocal statement that "Congress can regulate sports gambling directly," if it elects to do so. While Justice Thomas, citing an 1867 Supreme Court case, expressed doubt that Congress could prohibit sports betting that does not cross state lines, there appear to be at least eight Justices who believe that Congress has this authority under the Commerce Clause. Thus, Congress could adopt a uniform federal policy that would permit and regulate sports gambling throughout the nation and thereby preempt the various state laws. Alternatively, it could choose to outlaw sports gambling throughout the country, although that approach seems unlikely at this point.

https://www.proskauer.com/alert/us-supreme-court-strikes-dow...

Now, of course, the proverbial cat is out of the bag.

(IANAL, this is not legal advice.)





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