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Page Number

215

Abstract

For the last fifty years, the federal government has been aggressively battling illegal gambling by enacting legislation. The most recent act, The Professional and Amateur Sports Protection Act (PASPA), prohibits states from authorizing and licensing sports gambling. New Jersey recently challenged the constitutionality of PASPA, in NCAA v. Governor of N.J., where the Third Circuit held that nothing in PASPA offends the United States Constitution. Though New Jersey has appealed the Third Circuit's ruling to the United States Supreme Court, there has been no indication whether the Supreme Court will grant a writ of certiorari.

This Comment will explore the likelihood of the United States Supreme Court granting New Jersey a writ of certiorari. It will take a detailed look into the flawed legal reasoning relied upon by the Third Circuit in NCAA v. Governor of N.J., while explaining how PASPA is unconstitutional. After exposing PASPA's inefficiencies and the harms it poses, this Comment will conclude with a suggested beneficial structure to control and capitalize on sports gambling.

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