[PPA Memorandum to Sen. Jon Kyl: The Constitutionality of Pending Internet Poker Legislation (10/31/2012) -- Paul D. Clement]
"The Poker Players Alliance has now asked me to assess whether a revamped version of the 2010 proposal—the Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012 (the “2012 Act”)—suffers from similar constitutional problems as the 2010 Act. My understanding is that the 2012 Act has not yet been introduced and is not pending in either house of Congress but may be introduced in the Senate. In my view, based on a review of the proposed text, the 2012 Act suffers from the exact same problems as the 2010 Act, and, in some instances, the 2012 Act’s constitutional infirmities are even more pronounced."
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