Kentucky opts out, but many states opt in. Poker grows in the US, and US-based sites expand across the nation and the world. Players and sites lobby the opt-out states hard for inclusion.Again, IMO there is room for improvement in how the opt-outs work and we need to get the best deal we can, but I don't think very many people are suggesting that we abandon the Congressional approach.
While waiting, I'll lose access to PS, FTP, and other sites that choose to get licenses. However, I'll surely have some access to other sites. These sites will be under attack from the feds and the state, as they are today. It will be dicey, as it is today, but I'll have some access.