If you subscribe to the importance of the Equal Protection Clause of the United States Constitution, it becomes difficult to take a position that the existence of affirmativeaction was ill conceived from the outset as to deny that certain defined segments of American society were disadvantaged by who they are would be to deny reality.
It reasoned that the doctrine prohibits Congress from requiring states to takeaffirmative actions to implement a federal regulatory plan, and distinguishes that type of plan from PASPA, which restricts action (in the form of sports gambling) instead of forcing action by the State of New Jersey.