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Originally Posted by txbarbarossa
I'm not following. If this is true and the Obama DOJ wire act ruling was meaningless, then why did Nevada move to legalize intrastate poker immediately after that ruling? Delaware has gone full blown legalization.
The sequence was just the opposite, immediately after Nevada moved ahead with passing it's intranet regulations, the administration released it's opinion on the Wire Act which it had written months earlier in answer to a loaded question from Reid/Kyl.
Most gambling scholars (I. Nelson Rose, e.g.) assume that the reason the opinion was released (Reid/Kyl had asked that it not be released if the opinion was anything other than intrastate gambling would violate the Wire Act) was to 'give' online gambling to the States - inspire more States to move forward.
Right after Illinois (Obama's State) announced a proposal to become an international hub for online gambling, Obama again released an opinion (in response the the PPA 'We the People' petition) that online gambling was a State issue, so again a read between the lines would indicate that the goal was to promote that legislation.
So my read is that the administration was trying to block the Kyl/Reid effort to centralize online poker regulation in Nevada, since once the 'genie is out of the bottle' (as one recent LVS article put it), Congress would be unable to (Constitutionally) construct legislation that would put it back in.
Quote:
Originally Posted by txbarbarossa
The FED govt would not do A THING if the states weren't moving to legalize the "crack cocaine" of online gambling. Now that some states are moving towards full online gaming maybe the republicans will step in and "protect" us from it with a carve out for poker...
Now it's my turn not to follow... as I said above, my belief is that Obama's goal was not to inspire Congress to act, but rather to inspire State's to grab it (online poker) before Reid (AGA) would be able to put a bill on his desk asking him to sign it (online poker) over to NV.
Conversely of course, the States movement has put a fire under Reid et al, so I guess we can thank Obama for that, but it's clear (to me at least) that the fire he intended to spark was at the State level.
The GOP has tried to use the Wire Act opinion to suggest to their constituents that the only reason States are able to move forward with gambling on the internet is because of Obama's refusal to enforce the laws on the books, but horseracing is clearly withing the scope of the Wire Act (it was actually the target of the Wire Act, sports betting over the phone wasn't yet an concern) and horseracing has been using the internet for years without violating the Wire Act because as long as it's authorized in both the State where the bet is made and the State where it is received, the bet falls under the Safe Harbor provision.