Biden Administration Stays Silent on Interstate Online Poker Decision

Biden Administration Stays Silent on Interstate Online Poker Decision

Intestate online poker appears to be entering the US while the Biden administration refuses to appeal a ruling affirming such activities’ legality. The verdict was formed back in January, and the authorities are staying quiet on the decision.

PokerFuse recently released a report regarding the decision offered by the US Court of Appeals for the case involving New Hampshire’s Lottery Commission. The report stated that the authorities accepting the design can mean that the administration sees online poker exempt from 1961 Interstate Wire Act’s guidelines.

As per the reports, the decision can result in more states signing new deals regarding the game. In addition, it will help iGaming operators to establish interstate pools without any fear of prosecution or shutting down by the USDOJ (United States Department of Justice.)

What Was the Previous Exemption?

Merrick Garland (US Attorney General) previously declined to appeal the ruling by the Boston court. However, Garland seems to approve the 2011 opinion formed by the Obama administration stating that the 1961 Interstate Wire Act’s guidelines merely covered sportsbetting and online poker was exempt from them.

The opinion was challenged back in 2018 November by the USDOJ reversal, resulting in every iGaming activity becoming illegal if there was any involvement of interstate transactions. 

How Did the Controversial Reversal Occur?

The report by PokerFuse stated that the changed stance might be formed due to Donald Trump accepting (alleged) lobbying from casino giants like Las Vegas Sands Corp.  The movement is believed to have sparked the lawsuit, eventually reaching the US Courts of Appeals for the First Circuit. The lawsuit led to online poker platforms failing to utilize any liquidity within the US.

888Poker: The Only Participant

Currently, 888Poker is the only iGaming platform working within the US with interstate poker services licensed in New Jersey, Delaware, and Nevada. But, the Biden administration’s new take will allow Pennsylvania and Michigan to join the race by preparing custom arrangements. It will facilitate the expansion of online poker to a larger audience with an extensive player pool.

What’s Wrong with the Development?

Anthony Cabot from Boyd School of Law (University of Nevada) stated that the approach used by 888Poker could make or break online poker’s expansion. Cabot stated that the Biden administration failing to appeal does not mean that online poker is necessarily legal. 

He further explained that the lawsuit showed how online gambling doesn’t violate the Wire Act. However, it can breach other laws if operators within the process violate the state law. For example, a foreign operator accepting players within states without any license is still breaching the gambling laws other than the 1961 Wire Act.

In Conclusion

The Biden administration’s failure to appeal to the interstate online poker decision has provided hope to poker enthusiasts. However, things aren’t perfect as the sport can still breach other federal laws.

Eugenia Orndorff
Eugenia Orndorff is a senior content writer who recently joined She has ten years of experience in this industry. In her extra time, she enjoys playing online sports betting games.

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