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Alex Harper • Aug 20, 2026 
Reviewed By Paul Jacobs
Casino Expert
DraftKings, which is one of the biggest Daily Fantasy Sports (DFS) operators in the United States, recently said that it would consider becoming a fully-fledged sportsbook. The decision on whether to become a sportsbook will depend on whether the Supreme Court overturns PASPA and changes federal law, allowing sports betting in more than just the current four states.
DraftKings Decision Based on PASPA Ruling
The long-awaited Supreme Court hearing of New Jersey’s case is scheduled to take place next month. The case will decide whether the Professional and Amateur Sports Protection Act (PASPA) is upheld or not. The act banned sports betting in all states in 1992, with the exception of four. These states already had legal sports betting, so were allowed to continue. New Jersey has challenged the constitutional legality of PASPA, claiming it violates the states’ rights.
Back in 2011, New Jersey voters actually voted to legalize sports betting in the state, but several groups came together to prevent this. These included the NCAA, NFL, MLB, NBA, and NHL. These groups blocked the states attempt to allow sports betting. The CEO of DraftKings said that it would keep all options open, if the Supreme Court rules in New Jersey’s favour. The final verdict should be revealed sometime in early 2018.
DraftKings Hopes to Become Profitable
DraftKings, and its main competitor, haven’t had the best time in recent years. The two companies attempted to merge this year. However, the merger was blocked, as it was determined it would have created a monopoly. In addition to this, many states considered DFS to be online gambling and was therefore made illegal. The good news is though, that the sentiment has changed recently and DraftKings is now able to operate in 39 states.
If the Supreme Court does decide to overturn PASPA, DraftKings seems to be in a perfect position to take advantage of the ruling. DraftKings have never actually turned a profit since it started operating. The company will no doubt hope that with more states allowing DFS, and hopefully a rapid expansion in sports betting markets, it will be able to begin turning profits soon.
