University of Miami Business Law Review


Daniel Boswell

Document Type



In May of 2018, the United States Supreme Court held in Murphy v. National Collegiate Athletic Association that a federal prohibition on sports gambling was in violation of the anti-commandeering doctrine of the Tenth Amendment. In the wake of the decision, many commentators have opined that the opinion, authored by Justice Alito, may have serious implications on contentious political issues ranging from marijuana legalization to sanctuary cities. While the decision left state legislatures with the authority to permit sports gambling, it did not affirmatively close the door on federal oversight—a topic of much recent debate. This note will explore potential regulatory options at Congress’ disposal in a post-Murphy world.