The Supreme Court’s “anti-commandeering” doctrine holds that the federal government lacks authority under the Constitution simply to order state governments to implement federal programs or act affirmatively in other ways. Did Congress overstep this bound when it enacted the Professional and Amateur Sports Protection Act of 1992 (PASPA), a federal statute that with some exceptions forbids states to “authorize” sports gambling “by law”? That question has come up in a case in which New Jersey sought to repeal some of its old gambling laws. [Ilya Shapiro and David McDonald on Cato’s amicus brief participation supporting New Jersey’s petition for Supreme Court review in Christie v. NCAA et al.]
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Question 1: Will the U.S. Court of Appeals for the Third Circuit hold the state legislature and governor in contempt if they do repeal the statute?
Question 2: Will the U.S. Court of Appeals for the Third Circuit send Gov. Christie to the pokey for signing the repealing legislation?