The U.S. Supreme Court has allowed all states to legalize sports gambling. But a ban in Texas remains in place, and recent history suggests that state leaders will be in no rush to lift it.
The high court ruled on Monday that the Professional and Amateur Sports Protection Act, a 1992 federal law that barred states from legalizing sports gambling, violates the U.S. Constitution. The ruling was on a New Jersey case born out of the state’s efforts in 2014 to repeal a sports betting ban, allowing the state to regulate such behavior.
“Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own,” Justice Samuel Alito wrote for the majority. “Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not.”
In September, Texas Attorney General Ken Paxton sided with New Jersey in a 21-state brief on the case, arguing that PAPSA “impermissibly skews the federal-state balance” of power. But it seems that was an argument more for states’ rights to decide about sports gambling than for the practice itself.
PAPSA “tramples on state sovereignty,” Paxton said in November.
Paxton also wrote in a non-binding opinion in January 2016 that fantasy sports sites — which many consider more innocuous than traditional sports betting — are akin to gambling because they involve “partial chance.” The Legislature’s efforts to clarify those distinctions fell flat. State Rep. Richard Peña Raymond, a Laredo Democrat who led that charge, said he plans to file similar legislation again but doesn’t expect the court’s ruling to have immediate impact on his push.
See here for the background. Basically all this amounts to for Texas is one more thing for pro-gambling forces to advocate and have that advocacy fall on deaf ears. There’s no one in state leadership that favors expanded gambling. If this is an important issue to you, that’s where you need to start. The Associated Press and Deadspin have more.