States should be keying in on the CFTC's failure to enforce Rule 40.11(a)'s ban on gaming contracts. A government agency's failure to enforce its laws is contrary to the public interest--a key inquiry on a motion for preliminary injunction. My analysis: forbes.com/sites/danielwa…
@WALLACHLEGAL States legal strategy to win is asking 2 questions to judges:
1. Is placing money on outcome of a sporting event gambling? (y/n)
2. Whose role is it to regulate gambling, CFTC or state?
Done.
New Jersey won the PASPA case because it had Ted Olson on its side. And even he went 0-7 before winning at SCOTUS. It is beyond reckless for the States (besides NV and OH) not to be using outside counsel in tandem with the AGs. It's making a difference.