What Is PASPA?
The Professional and Amateur Sports Protection Act of 1992—better known as PASPA or the Bradley Act—effectively outlawed single‑game sports wagering across most of the United States for more than a quarter‑century. Its repeal by the U.S. Supreme Court in 2018 opened the floodgates for today’s rapidly expanding legal sports‑betting industry. This article covers PASPA’s origin, key provisions, legal challenges, landmark Supreme Court decision, and the post‑PASPA landscape, all formatted for quick pasting into WordPress.
PASPA at a Glance
- Signed Into Law: October 28, 1992 (President George H.W. Bush)
- Sponsors: Sen. Bill Bradley (D‑NJ) & Rep. Jack Brooks (D‑TX)
- Purpose: Combat perceived corruption in sports by prohibiting state‑sanctioned betting.
- Exemptions: Nevada (full sportsbooks), Oregon, Montana, Delaware (limited sports lotteries), and parlay pools run by certain tribal entities.
Key Provisions of PASPA
- State Prohibition: Barred states from “authorizing by law” wagering on professional or amateur sports.
- Leagues’ Right of Action: Granted professional leagues and the DOJ standing to sue states or entities violating the ban.
- One‑Year Window: New Jersey was given a 12‑month grace period to legalize sports betting in Atlantic City—Trenton never acted, forfeiting the chance.
Timeline: From Enactment to Repeal
| Year | Milestone |
|---|---|
| 1992 | PASPA enacted; Nevada grandfathered in. |
| 2009 | New Jersey voters approve non‑binding referendum to legalize sports betting. |
| 2011 | NJ passes wagering law; NCAA, NFL, NBA, NHL, MLB sue under PASPA. |
| 2012‑2016 | Federal courts repeatedly side with leagues; NJ rewrites law twice to skirt PASPA. |
| June 27, 2017 | U.S. Supreme Court grants certiorari in Christie v. NCAA (later Murphy v. NCAA). |
| May 14, 2018 | SCOTUS strikes down PASPA 6‑3, citing anti‑commandeering doctrine. |
The Supreme Court Decision (Murphy v. NCAA)
- Majority Opinion: Justice Samuel Alito.
- Key Holding: PASPA violated the Tenth Amendment by commandeering state legislatures—Congress cannot require states to maintain prohibited schemes.
- Outcome: Entire statute deemed unconstitutional, not just targeted provisions.
Immediate Aftermath
Within months of the ruling, multiple states (New Jersey, Delaware, Mississippi, West Virginia, Pennsylvania, Rhode Island) launched legal sportsbooks. The wave has continued: by 2025, 38 states plus D.C. offer retail or online sports wagering.
PASPA vs. Wire Act
| Aspect | PASPA (Repealed) | Wire Act (1961) |
|---|---|---|
| Focus | State authorization of betting | Interstate transmission of wagering info |
| Status | Unconstitutional | Still federal law (applies to cross‑state communications) |
| Enforcement | Leagues & DOJ (civil) | DOJ (criminal) |
Arguments For PASPA (1992‑2018)
- Game Integrity: Limit betting to curb match‑fixing threats.
- Youth Protection: Shield amateur athletes from gambling influences.
- Uniform Policy: Prevent state “arms race” for gaming revenue.
Arguments Against PASPA
- States’ Rights: Violated Tenth‑Amendment anti‑commandeering principle.
- Black‑Market Growth: Pushed betting underground to offshore books and bookies.
- Lost Revenue: Denied states tax dollars and consumer protections available in regulated markets.
Post‑PASPA Landscape
- State Autonomy: Each state sets tax rates, licensing, mobile rules.
- Integrity & Data Fees: Leagues lobby for official‑data mandates; “integrity fee” proposals mostly failed.
- Market Maturity: Handle eclipsed $120 billion nationwide (2024), generating billions in tax revenue.
- Federal Oversight: No new federal framework; Congress holds periodic hearings but leaves regulation to states.
Frequently Asked Questions
Did PASPA ban all sports betting?
No. Nevada kept full sportsbooks, and three other states retained limited sports lotteries. PASPA blocked new state authorizations.
Could Congress reenact a similar ban?
Theoretically, yes, but it would need a different structure that avoids commandeering states—politically unlikely given current momentum.
Does PASPA repeal affect tribal gaming compacts?
Tribal operators follow state law plus IGRA; many have renegotiated compacts to offer sports betting post‑PASPA.
What about online betting across state lines?
Still restricted by the Wire Act; sportsbooks geofence users to keep activity within legal jurisdictions.
Key Takeaways
- PASPA (1992–2018) barred most states from legal sports betting, leaving Nevada as the lone full exception.
- New Jersey’s multi‑year legal battle culminated in the 2018 Supreme Court ruling that struck down PASPA on constitutional grounds.
- The decision unleashed state‑by‑state legalization, reshaping U.S. sports, media, and gaming industries.
- While PASPA is gone, other federal laws (e.g., the Wire Act) and state regulations still govern betting operations.
- Understanding PASPA’s history clarifies today’s legal landscape and the rapid evolution of regulated sports wagering across America.
