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Sep 13, 2018  Senators did not ask the judge whether he had gambled at any casino then owned by President Donald Trump, who nominated Kavanaugh to the high court in July. There was one gambling-related response. With the recent Supreme Court ruling, these clauses have been triggered, and so the three states can proceed with their implementations of regulated sports-betting ecosystems. Pennsylvania in particular is interesting in that it has recently authorized online poker and casino operations. May 15, 2018  With Monday's Supreme Court ruling that struck down PASPA, clearing the way for states to legalize sports betting, a natural question that followed was how other skill-heavy forms of gambling.

Matthew Kredell

A petition regarding the legality of hosting poker games will be reviewed by the U.S. Supreme Court on Friday, with an announcement on if it will take the case coming Monday. It has a chance to be the first poker-based case heard by the Supreme Court.

At issue is whether the Internet Gambling Business Act (IGBA) — the main statute used in the Black Friday indictments — applies to poker. Texas holdem free online no download. Lawrence DiCristina, a small business owner who was tried in federal court for hosting a regular poker game (for which he took 5% rake) out of the warehouse for his bicycle shop in Staten Island, N.Y., says it does not.

The DiCristina case already has gone through the ups and downs of a roller coaster. He was arrested in 2011 and convicted in July 2012 in the U.S. District Court for the Eastern District of New York when the judge instructed the jury to consider poker illegal under IGBA. The same judge, Jack Weinstein, overturned the conviction a month later, agreeing with a post-trial motion that poker is a game of skill and not illegal under IGBA.

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It was an historic ruling from a very senior judge (Weinstein is 92, appointed by President Lyndon B. Johnson in 1967) to have a federal decision separating poker from other forms of gambling due to its skill component.

Online Poker Gambling

However, in August of 2013, the U.S. Second Circuit Court of Appeals in New York reinstated the conviction, indicating that it didn't matter if poker was included in the definition of gambling under IGBA or if it was a game of skill, that IGBA could be triggered by a game being considered illegal gambling by state law.

The basis of the petition is that the appellate court erred in saying that IGBA is entirely focused on state law, and that the including-but-not-limited-to clause in IGBA restricts the term to being defined as things of the same general kind as those listed. IGBA was intended to fight organized crime, something that has never been much of a concern with poker due to its peer-to-peer dynamics. The skill aspect separates poker from the games mentioned, such as sports betting, slot machines and roulette.

SCOTUSblog has links to the petition, all amicus briefs of support and the brief of opposition filed by the U.S. district attorney. Less than 10% of cases get accepted by the Supreme Court, and some years it's as low as 2%.

'Any appeal to the Supreme Court is a huge long shot,' said Patrick Fleming, director of litigation support for Poker Players Alliance, which submitted one of the amicus briefs. 'As much as poker is important to you and me, it can't be put up there with issues of supreme national importance where you think the Supreme Court is definitely going to take the case up. But I'm not completely pessimistic, as it is an interesting issue and somewhat novel, and sometimes that helps in petitioning the Supreme Court.'

For the case to be heard, it will need approval from at least four of the nine justices. At least one, Sonia Sotomayor, has publicly spoken of her love for poker and how she has hosted a regular home game. If the petition is declined but there were justices who wanted to take it, the outvoted justice(s) often write short opinions on why they thought the Supreme Court should have taken the case.

Being heard by the Supreme Court could have widespread benefits for poker, starting with putting the game under a spotlight for national discussion.

Online Gambling Supreme Court

'The potential significance is very clear, especially as we keep moving forward trying to expand online poker in the U.S.,' Fleming said. 'If he wins, for small-time neighborhood operations such as DiCristina's, they no longer would have to fear for federal prosecution. In the online world, it would prevent further prosecutions based on IGBA, and there are still a few Black Friday indictments that haven't settled and could be impacted. It also removes a possible impediment for expanding online poker through interstate compacts.'

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The highest court in the land says sports betting can be legalized nationwide.

Supreme Court Poker Not Gambling

On Monday, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act of 1992, a law that banned traditional sports betting outside of Nevada. Now all 50 states can pursue sports betting within their respective borders if they want it. Around 40 states in the country have casinos.

The Supreme Court heard oral arguments for and against PASPA late last year.

The efforts to overturn the law were led by New Jersey, home to struggling Atlantic City. They were opposed by the sports leagues. New Jersey officials want sports betting for Atlantic City casinos. Like Nevada, New Jersey had a chance to be grandfathered in under PASPA, but it didn’t do so at the time.

The decision by the Justices was applauded by the U.S. commercial casino industry.

“Today’s decision is a victory for the millions of Americans who seek to bet on sports in a safe and regulated manner,' said American Gaming Association President and CEO Geoff Freeman.

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“According to a Washington Post survey,” the lobbying group continued, “a solid 55 percent of Americans believe it’s time to end the federal ban on sports betting. Today’s ruling makes it possible for states and sovereign tribal nations to give Americans what they want: an open, transparent, and responsible market for sports betting.”

According to Freeman, the upcoming sports betting market needs “smart, efficient regulation.”

“This new market will protect consumers, preserve the integrity of the games we love, empower law enforcement to fight illegal gambling, and generate new revenue for states, sporting bodies, broadcasters and many others. The AGA stands ready to work with all stakeholders—states, tribes, sports leagues, and law enforcement—to create a new regulatory environment that capitalizes on this opportunity to engage fans and boost local economies.”

The AGA estimates that Americans bet about $150 billion illegally each year on sports.

So far, 18 states have introduced legislation to legalize sports betting, with more states expected to follow. New Jersey is expected to be the first to launch sports books.

The defeat of PASPA will likely be a big win for online poker. How? Because sports betting, at least in New Jersey and other tech savvy states, will be conducted both in the brick-and-mortar setting as well as over the internet. PASPA’s demise means a boon for online casinos.

“If we win sports wagering, online gaming will go to every state that adopts sports betting,” David Rebuck, director of the New Jersey Division of Gaming Enforcement, told the Associated Press last year. “As soon as sports wagering is legalized, online gambling will follow right behind it.”

It’s a great time to be a poker player in America. Earlier this month, Nevada, Delaware and New Jersey joined forces for online poker. Last fall, Pennsylvania legalized online casinos, which could launch later this year. Several other states are considering online poker in 2018.

Supreme Court Gambling 2018

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