Funt Book Explains Why “Everybody Loses”

William BernsteinThe views presented here do not necessarily represent those of Advisor Perspectives.

Most legal observers, if asked to name the modern Supreme Court’s most impactful cases, wouldn’t mention the 2018 Murphy v. National Collegiate Athletic Association decision. That would be an oversight: Danny Funt’s “Everybody Loses” explores how Murphy, which struck down the 1992 Professional and Amateur Sports Protection Act (PASPA), opened the floodgates for the evolving societal disaster that is today’s sports gambling tsunami.

Murphy’s signal tragedy was how easily it could have been avoided. Had PASPA simply outlawed sports gambling, it would have passed constitutional muster: Instead, its text clumsily forbade states from passing laws that allowed it, which the Court held to be an infringement on state sovereignty.

PAPSA had grandfathered legalized sports gambling in Nevada; within months of Murphy, states began legalizing sports betting, starting with Delaware and New Jersey. Pennsylvania legalized it later in 2018, as did New York in 2019. Currently, 38 states have done so; among the most populous, only California and Texas have not. Since 2018, Americans have wagered roughly a half trillion dollars on the new platforms.

That’s too bad for hundreds of thousands of bettors thrown into despair and bankruptcy by the addictive mobile apps of the “sportsbooks” — politically connected financial behemoths like FanDuel and DraftKings that have captured both state legislatures and professional sports leagues.

A Human Cost

Take, for example, “Matt,” a Connecticut fifth-grade teacher. He initially got hooked on daily fantasy sports (DFS) wagering, which became legal a few years before Murphy. His early DFS bets paid out several thousand dollars. Bad luck, that: As so often happens, Matt’s initial good fortune triggered an itch that sent him into an all-consuming spiral of round-the-clock betting on, among other things, cricket and Middle East soccer matches. Soon enough, he confessed to his unaware wife that he had lost her parents’ monetary gift intended for a down payment on a house.

Murphy was also too bad for athletes like Carson Barrett, who grew up a “short little fat kid” whose native ability, grit, and late pubescent growth spurt qualified him for Purdue’s nationally ranked basketball team. A meniscus tear benched him in 2024, but in the first round of the NCAA tournament against Grambling State, with the Boilermakers up 25 points, his coach sent him in for a brief final collegiate turn, a perfectly drained 3-pointer.