On May 14, 2018, the United States Supreme Court held that New Jersey could legalize sports gambling at horse tracks and casinos. New Jersey Thoroughbred Horsemen’s Association v. National Collegiate Athletic Association, 584 U.S. ___ (2018). However, this decision, authored by New Jersey’s own Justice Alito, is significant not only for its practical result but also for its astute discussion of the basis for the decision, i.e., the anti-commandeering principle. To appreciate this somewhat esoteric doctrine, Justice Alito discussed the development of legalized gambling in New Jersey.

New Jersey’s 1897 constitutional amendment, barring all gambling, was gradually modified to allow:

  1. Parimutuel betting on horse races,
  2. Bingo games in churches (1953),
  3. A lottery (1970), and
  4. Casino gambling in Atlantic City (1976).