[Skallagrim]

[ QUOTE ]
Tuff, IMO the poker is a game of skill is a very good legal argument that it and online poker are legal in most states. However, I don't think that Congress cares about the skill aspect. I think that Congress might care a little about the individual freedom argument. But the biggest concern is the WTO situation and the WTO equates all forms of gambling.
From what I heard Prof. Weiler was brillant.

[/ QUOTE ]

While I agree JP that the threat of those WTO sanctions is going to have a larger impact on Congress, I disagree that the skill argument does not help us there.

I also think very, very few in Congress give a damn about our "freedoms." As you well know they spend most of their day thinking about which freedoms we should have to give up, or be taxed on greater if we exercise them.

The skill argument is helpful in thwarting the "gambling is evil" folks, and the "gambling is dangerous" folks. Thus its much easier for a congressman from a conservative district to support skill games as opposed to gambling.

And the skill argument can be useful at the WTO too: we could ban all gambling and then permit only wagering on games of skill, and foreign companies are free to offer those same games of skill in the US, on the same terms as US companies.

Its far from the only argument, it may not be the single most effective argument, but it is an import argument in our arsenal, IMHO, both in the courts and politically.

Skallagrim