Tenth Amendment

In Christie v. National Collegiate Athletic Association the Supreme Court will decide whether the 1992 Professional and Amateur Sports Protection Act (PASPA) prohibition against state-sanctioned sports gambling is unconstitutional commandeering.

New Jersey first amended its constitution to allow some sports gambling and then passed a law repealing restrictions on sports gambling. In both instances New Jersey Governor Chris Christie was sued for violating PASPA. In both cases Christie responded that PASPA unconstitutionally commandeers states in violation of the Tenth Amendment.

On May 7, 2017, Governor Abbott signed SB 4 into law in Texas. Among numerous other things, it requires local governments to honor Immigration and Customs Enforcement (ICE) detainers, punishable by a Class A misdemeanor.

Many cities and counties don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment. Last month a federal district court concluded that to the extent President Trump’s sanctuary jurisdictions executive order requires honoring warrantless ICE detainers “it is likely unconstitutional under the Tenth Amendment because it seeks to compel the states and local jurisdictions to enforce a federal regulatory program through coercion.”