Re: Thanks for the information, keep in mind the function of the Regs
"So first, is it your contention that the UIGEA is vulnerable to constitutional challenge? If so, what would be the basis of that challenge, in your mind?"
What I think is not relevant really, the issue has been joined already in this litigation (to which I am neither a party nor counsel, not even a friend of the court.) The argument to make is Commerce Clause based. There is a precedent to stand on in ACLU v Gonzales, where DOJ was enjoined from enforcing the Child Porn Act. The problem is that case was also clearly a 1st Amendment case. I think these litigants are making a HUGE mistake by not joining individual plaintiffs.
You are absolutely right as to the minimal goals of the people who pushed this through. The same tactic worked with respect to marketing, to a degree. However, be clear that there IS an intent to put operators into jail if possible, by bootstrapping an obscure, unintentional state law violation into a federal case. (
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