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Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act

Posted By: Steve Mellen
Date: Thursday, 23 August 2012, at 2:24 a.m.

In Response To: Leading Federal Judge Rules That Poker Is a Game of Skill Not Covered by U.S. Gambling Act (Bill Riles)

This from the guy who scoffs at the Supremacy Clause! But seriously, the Tenth Amendment isn't really the issue here, because the IGBA by its own terms applies only to gambling that is already illegal under state law. So to answer Bob's question, the reason state law is relevant in federal court is because the federal statute expressly relies upon state law definitions.

My understanding of federal policy is that the Feds seek to ban or regulate sports betting and online gambling, but in terms of live gambling they basically view it as illegal where it's illegal and legal where it's legal. This has been bipartisan policy under Bush and Obama and seems unlikely to change unless Congress sends the law in a different direction.

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