Since the Supreme Court in Murphy v. NCAA (2018) held the Professional and Amateur Sports Protection Act’s provisions banning state-sanctioned sports wagering unconstitutional, sports wagering has proliferated across the U.S. Currently, 33 states and Washington, D.C., have legalized some form of sports wagering, with several more in the legislative pipeline. Tribes, whose gaming operations are limited to Indian lands as defined in the Indian Gaming Regulatory Act (IGRA), have understandably been heavily involved in influencing the legal framework for sports wagering in their states. They are entering the commercial gaming marketplace at an unprecedented rate due to various legal and operational realities, and will need to continue this trend and remain attentive to ongoing developments to be competitive in this new landscape.
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