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David Weinstein, with Hinshaw & Culbertson in Miami.

When sports fans arrived at work on Monday morning, they expected to be talking about Lebron and the Cav’s collapse Sunday afternoon against the Celtics. But the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association quickly changed that discussion. In a 6-3 opinion, the court sided with the state of New Jersey and found that the Professional and Amateur Sports Protection Act, PASPA, violated the 10th Amendment by “commandeering” the states to enforce federal laws or policies. Little did our founding fathers know that side bets on wrestling, cricket and nine-pin matches would someday become the focus of a legal opinion examining the intent of the 10th Amendment’s reserved powers. Moreover, while procrastination usually doesn’t pay off, this time it did for New Jersey and the rest of the country. Had New Jersey actually taken advantage of their window of opportunity in 1992, Murphy might never have reached the Supreme Court.

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