{"id":24344,"date":"2019-04-12T17:29:56","date_gmt":"2019-04-12T17:29:56","guid":{"rendered":"https:\/\/www.pokerscout.com\/?p=24344"},"modified":"2019-04-15T12:38:15","modified_gmt":"2019-04-15T12:38:15","slug":"first-round-in-wire-act-court-battle-seemed-to-favor-nh-lottery","status":"publish","type":"post","link":"https:\/\/www.pokerscout.com\/first-round-in-wire-act-court-battle-seemed-to-favor-nh-lottery\/","title":{"rendered":"First Round In Wire Act Court Battle Seemed To Favor NH Lottery"},"content":{"rendered":"

The highly anticipated oral arguments in the\u00a02018 Wire Act opinion<\/strong>\u00a0lawsuit concluded\u00a0Thursday\u00a0<\/strong>afternoon. The two sides presented arguments for nearly\u00a0five hours\u00a0<\/strong>to the\u00a0US District Court\u00a0<\/strong>in\u00a0Concord, New Hampshire<\/strong>.\u00a0Judge Paul Barbadoro<\/strong>\u00a0is presiding over the case. The court date ended with no decision, but things look good for New Hampshire.<\/p>\n

To recap, the state lottery filed a lawsuit against the\u00a0US Department of Justice<\/strong>, which issued a reinterpretation<\/a> of the 1961 Wire Act that could criminalize all forms of interstate online gambling.<\/p>\n

Earlier this week,\u00a0Assistant Attorney General Rod Rosenstein<\/strong> sent a memo<\/a> to DOJ employees. In it, he advised them not to\u00a0apply <\/strong>the recent opinion to state lotteries once the enforcement deadline of\u00a0<\/a>June 14<\/a>\u00a0<\/strong>comes down.<\/p>\n

Such a memo appeared to be an attempt by the DOJ to undercut<\/strong> the NH Lottery lawsuit, potentially leading the court to dismiss it. Barbadoro, however, was not swayed by the new filing. He issued no formal ruling<\/strong> but did tell both sides he did not<\/strong> plan to dismiss the case based on the new memo.<\/p>\n

Judge unconvinced by DOJ lottery memo<\/span><\/h2>\n

\u201cThat letter does not convince me that I should dismiss this case for lack of standing,\u201d the judge said, \u201cnor does it convince me that this case is moot.\u201d<\/p>\n

Barbadoro noted that Rosenstein\u2019s memo did not affect the case\u2019s ripeness<\/strong>. From the judge:<\/p>\n

\u201cI have a very difficult time seeing how the Rosenstein letter would deprive the plaintiffs of the standing they would otherwise have.\u201d<\/p><\/blockquote>\n

Because the memo said there could be pending<\/strong> similar opinions issued about state lotteries and their vendors, Barbadoro said the threat remains, memo or no memo.<\/p>\n

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