Fair point that PASPA was the exception, not the rule, and that the anti-commandeering / "states rights" argument isn't some novel theory. It does happen to be deployed often in cases where businesses don't want to be regulated. (and, the elephant in the room, more famously....never mind, let's not go there)
I overstated the court-packing angle, Murphy was 7-2, not a partisan split.
But my actual point is narrower than the constitutional question: in practice, sports betting was confined to Nevada and reservations for decades. Once that dam broke, the path from legal sports betting to VC-funded "that but for everything" prediction markets to the current situation happened really fast, and there's no regulatory apparatus keeping up with it. Whether the dam should have broken is a separate question from whether anyone's minding the flood.
I overstated the court-packing angle, Murphy was 7-2, not a partisan split.
But my actual point is narrower than the constitutional question: in practice, sports betting was confined to Nevada and reservations for decades. Once that dam broke, the path from legal sports betting to VC-funded "that but for everything" prediction markets to the current situation happened really fast, and there's no regulatory apparatus keeping up with it. Whether the dam should have broken is a separate question from whether anyone's minding the flood.