Mendacious:
1. Since listing every state would take forever, lets choose New Jersey. That state defines a game of chance as one where "the outcome depends to a material degree upon chance notwithstanding that some skill ... may be a factor." The term "material degree" has been held to require more chance than not. NJ Stautes 2C:37-1(a). Most states follow this formula for determing what is or is not a game of chance. Many states also have a specific exemption for money awarded in "bone fide contests of skill" For example, Wisconsin (statute #945.01(2)(b). You can check each state's law yourself at
http://www.gambling-law-us.com/State-Law-Summary/
2. Of course legislatures can pass different laws at any time.
3. This point is commonly made and to a certain extent true in the context of overall being a winning player (i.e. making money) But legally whether you can or cant make money at it over the long term is only one small factor in deciding whether chance predominates. And as I have posted earlier, the better question to ask is, does chance determine the result over 50% of the time? How about you mendacious, have over 50% of your results been the product of chance (the distribution of cards) or have most been determined by the actions of the players, yourself included?
4. This is your conclusion, and as you can tell from above, I dont agree, AT LEAST AS A LEGAL MATTER. Whether 8% or 80% can make money long term is a small consideration in determining whether chance is responsible for over 50% of that number. And being able to beat the rake or not is absolutely irrelevant to this legal argument.