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Entertainment, Arts, and Sports Law Commons

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State and Local Government Law

Boston College Law Review

2014

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Full-Text Articles in Entertainment, Arts, and Sports Law

Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh May 2014

Betting On State Equality: How The Expanded Equal Sovereignty Doctrine Applies To The Commerce Clause And Signals The Demise Of The Professional And Amateur Sports Protection Act, Michael Welsh

Boston College Law Review

In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby County v. Holder, the Supreme Court broadened the doctrine’s scope, holding that the doctrine applied to all disparate treatment of states. As such, the revived equal sovereignty doctrine leaves federal statutes—such as the Professional and Amateur Sports Protection Act (“PASPA”), which prohibits state-sanctioned casino sports gambling in ...