The Wisconsin Assembly is poised to vote on sports betting in the state, and the Wisconsin Institute for Law and Liberty is warning that the move is a bad gamble, constitutionally speaking.
JUST IN: The Wisconsin Assembly is scheduled to vote next week on a bill that would give a monopoly on sports betting in the state to Native American casinos. @WILawLiberty outlines why that is extremely unlawful: https://t.co/iwyf9PJHBj
— Dan O'Donnell (@DanODonnellShow) November 12, 2025
In a post on X, WILL wrote, "AB 601 & SB 592 violate federal law & the Wisconsin Constitution. @WILawLiberty outlines the legal problems with decriminalizing online gambling & sports betting in Wisconsin."
NEW: AB 601 & SB 592 violate federal law & the Wisconsin Constitution. @WILawLiberty outlines the legal problems with decriminalizing online gambling & sports betting in Wisconsin.
— WILL (@WILawLiberty) November 12, 2025
Read our legal memo here: https://t.co/1I9YLyhght (1/2) pic.twitter.com/mi534UGY6b
Here's the text of the memo:
Two companion bills—2025 AB 601 and SB 592—seek to decriminalize mobile sports betting in Wisconsin. Instead of reforming inconsistencies in our current law, these bills attempt an end-run around federal law and the state constitution, expanding and exposing an already broken, illegal statewide gambling system.
The bills are unlawful for several reasons. First, the bills violate Article IV, § 24 of the Wisconsin Constitution, which forecloses any legislative approval of gambling schemes like this. Second, the bills violate the federal Indian Gaming Regulatory Act by unleashing tribal betting monopolies off reservation. Third, the bills contravene the constitutional right of equality in the Fourteenth Amendment by handing a race-based monopoly to Tribal gaming operations while closing the door on everyone else.
In 2004, Wisconsin's Governor Jim Doyle negotiated gaming compacts with the state's Native American tribes. A significant objection was the deal with the Forest County Potawatomi; the state supreme court ruled that Doyle had exceeded his authority as governor in the same year. Doyle later revised the agreement, but it still grants the Potawatomi significant rights and special privileges.
In 2018, the Potawatomi deal ended up scuttling a plan to open a casino in Kenosha County, because — per the terms of the Doyle-backed deal — no competing casinos could be opened within 50 miles of the Milwaukee-based Potawatomi gambling facility. Opening a casino in Kenosha would've cost the state $250 million in payments from the Potawatomi.
Instead of striking deals for sports betting, WILL wants the state legislature to follow the law and the constitution.
This is about the rule of law. The Constitution prohibits gambling & state law criminalizes it. If the people of Wisconsin want to legalize gambling, they have the power to amend the Constitution. (2/2)
— WILL (@WILawLiberty) November 12, 2025
There's a debate to be had about legalizing gambling, of course.
Whether you think sports gambling should be legal or illegal, we should all be able to unite in opposing giving one group a monopoly on mobile sports betting based purely on race. https://t.co/HGnKz7lvc5
— Will Flanders (@WillFlandersWI) November 12, 2025
Wisconsin voters need to be aware of what the legislature is planning so our voices can be heard.
It is foolish for state lawmakers to give WI tribes a monopoly on online gambling. Why? Whose pockets are being filled?
— Jay Weber (@JayWeber3) November 12, 2025
It's complete bullcrap. This should be open to all and free market competition. Glad to see it's unconstitutional, in case they are dumb enough to pass it. https://t.co/xxtiynTzmL
The state legislature is Republican controlled.