Five years after the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), sports betting continues to boom in the United States. According to the American Gaming Association, gross gaming revenue from sports betting, i.e. total wagers minus winnings, amounted to $10.9 billion in 2023, shattering the previous record set the year before. In total, Americans wagered almost $120 billion on legal sportsbooks last year, up from $93 billion in 2022. According to the AGA, last year’s growth was driven by continued maturation of existing markets as well as several new markets, including Massachusetts and Ohio.
“Congress can regulate sports gambling directly, but if it elects not to do so, each state is free to act on its own,” the court had explained its decision back then. “Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not. PASPA regulates state governments’ regulation of their citizens. The Constitution gives Congress no such power.”