Abstract
This comment will argue, in light of three Horseracing Integrity and Safety Act (HISA)-related Circuit Court cases and new guidance from the Supreme Court on the private nondelegation doctrine, that HISA provides a workable framework to resolve whether sports leagues can engage in rulemaking to prevent certain kinds of bets from taking place. Specifically, the Supreme Court and the Fifth, Sixth, and Eighth Circuits appear to have reached a large amount of common ground regarding the structure of the private nondelegation doctrine, and the Circuit Courts have found that much of HISA fits well within that structure. In light of that, this comment will contend that sports leagues can constitutionally stop gambling organizations from offering certain kinds of bets, but regulatory schemes that give leagues such power must also give federal or state agencies the ability to issue rules that can change, add to, or remove the leagues’ stipulations.
Recommended Citation
Jacob Comello,
Can Sports Leagues "Veto" Certain Online Sports Betting Wagers?,
34
Cath. U. J. L. & Tech
47
(2025).
Available at:
https://scholarship.law.edu/jlt/vol34/iss1/5
