The Supreme Court appeared poised Monday to legalize sports betting by freeing states from a federal anti-gaming law.
The justices gave a friendly hearing to New Jersey’s claim that states are free to control their own laws, including in the area of gambling, unless Congress has adopted a federal regulatory policy to prohibit it.
And Congress failed to do that when it passed a 1992 law, the state maintained. The federal law did not actually ban sports wagering, but instead said states may not “authorize by law” such gaming.
That type of command from Washington violates the Constitution’s 10th Amendment, which reserves to the states the power to make and enforce their own...