This week seven members of the Supreme Court agreed that Congress exceeded its powers when it passed a law that prohibited states from legalizing sports betting. But the ruling was not quite the vindication of state sovereignty that it appeared to be.
Almost all of the justices seemed to agree that Congress could have achieved the same result by passing a slightly different law that would have been constitutional, Jacob Sullum notes. As Justice Stephen Breyer put it in his concurring opinion, “the only problem” with the challenged law “lies in its means, not its end.”
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