Quote:
Originally Posted by ScreaminAsian
so you're saying the recent supreme court decision on the health care law set a precedent that the fed gvt CAN create a new tax/regulation system on an industry. great!
That right was never challenged, the big question was whether or not the Federal government could use the commerce clause to force individuals to make a purchase, the court ruled that they could not, but shockingly said the penalty for refusing to purchase health care could be construed as an individual tax, which congress has the right to establish.
Less controversial but more of a parallel question was whether or not the Federal government could penalize (cut off medicare) States for not opting in to the new system, and the court of course ruled that they could not, adoption of the new system would need to be voluntary.
This is not only important in terms of States having control of the decision to opt in to a Federal online poker system, but also the question of whether or not a State like Delaware could be forced to abdicate an intranet system which has already been voted into law.
Because it's most likely that States could not be forced to shut down (the federal government didn't even attempt to that with sports betting), one can understand why there is so much urgency behind getting a Federal bill passed prior to California passing an intranet bill.