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IN RE REQUEST OF GOVERNOR FOR ADVIS. OPIN.

No. 150, 2009.

12 A.3d 1104 (2009)

In re REQUEST OF the GOVERNOR FOR an ADVISORY OPINION.

Supreme Court of Delaware.

Decided: May 27, 2009.

As Corrected: May 29, 2009.

Attorney(s) appearing for the Case

Lawrence C. Ashby (argued), Richard D. Heins , Catherine A. Gaul and Toni-Ann Platia , Ashby & Geddes, Wilmington, DE, for the Negative Position.

Andre G. Bouchard (argued), David J. Margules , Joel Friedlander , James J. Merkins, Jr. , and Sean M. Brennecke , Bouchard Margules & Friedlander, P.A., Wilmington, DE, for the Affirmative Response.

Kenneth J. Nachbar (argued), Michael Houghton , Geoffrey A. Sawyer, III , and Brenda R. Mayrack , Morris Nichols Arsht & Tunnell, LLP, Wilmington, DE, for Amicus Curiae The National Football League.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices.

Pursuant to 10 Del. C. § 141 and 29 Del. C. § 2102, you asked the Justices for their opinions regarding the proper construction of Article II, Section 17 of the Delaware Constitution in relation to your initiative to reinstitute a sports lottery. To assist you and the General Assembly in fulfilling your respective constitutional duties to enact a balanced budget before the end of the fiscal year, we agreed to expedite our response. For the reasons...

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