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67 Duke L.J. Online 1 (2017-2019)

handle is hein.journals/duljo67 and id is 1 raw text is: 











Duke Law Journal Online


VOLUME 67                      JUNE                             2017



         SPORTS BETTING HAS AN EQUAL
               SOVEREIGNTY PROBLEM

                      RYAN   M. RODENBERGT
                        JOHN   T. HOLDENTT

                          INTRODUCTION
     Professor Thomas  B. Colby's In Defense of the Equal Sovereignty
Principle  comprehensively   examines   the   underpinnings   of  the
Supreme   Court's landmark  Shelby County  v. Holder' decision, which
found  one portion of the Voting Rights Act  (VRA)  to impermissibly
differentiate between  states in violation of the  equal sovereignty
doctrine.2 Professor Colby also described the potential applicability of
Shelby  County to other federal statutes that treat states differently.3
One  of the impacted laws  discussed by Professor Colby-and   Justice
Ruth  Bader Ginsburg  in her Shelby County dissent-is the Professional
and Amateur   Sports Protection Act (PASPA).4   PASPA   is the subject
of litigation currently pending at the Supreme Court.5 PASPA  acts as



Copyright © 2017 Ryan M. Rodenberg & John T. Holden.
    t Associate Professor, Florida State University.
    ft Visiting Scholar, Florida State University.
    1. Shelby Cry. v. Holder, 133 S. Ct 2612 (2013). Shelby County extended the equal
sovereignty doctrine as set forth four years earlier in Nw. Austin Mun. Utility Dist. No. One v.
Holder, 557 U.S. 193 (2009).
   2.  See generally Thomas B. Colby, In Defense of the Equal Sovereignty Principle, 65 DUKE
L.J. 1087 (2016).
   3.  Id. at 1154-59.
   4.  Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3701-04 (2012).
   5.  See Nat'l Collegiate Athletic Ass'n v. Governor of N.J., 832 F.3d 389 (3d Cir. 2016) (en
banc) [hereinafter Christie II]; see also Nat'l Collegiate Athletic Ass'n v. Governor of N.J., 730
F.3d 208 (3d Cir. 2013), cert. denied, 134 S. Ct 2866 (2014) [hereinafter Christie I]. New Jersey's
certiorari petition in Christie II was pending in the Supreme Court as of June 22, 2017. See Petition

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