NEW HAMPSHIRE LOTTERY COMMISSION; NeoPollard Interactive LLC; Pollard Banknote Limited, Plaintiffs, Appellees,
v.
Jeffrey ROSEN, Acting U.S. Attorney General; United States Department of Justice; United States, Defendants, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
January 20, 2021.
January 20, 2021.
Attorney(s) appearing for the Case
Jeffrey E. Sandberg , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Ethan P. Davis , Principal Deputy Assistant Attorney General, Hashim M. Mooppan , Deputy Assistant Attorney General, and Scott R. McIntosh , Attorney, Appellate Staff, Civil Division, were on brief, for appellants.
Anthony J. Galdieri , Senior Assistant Attorney General, Civil Bureau, with whom Gordon J. MacDonald , Attorney General, was on brief, for appellee New Hampshire Lottery Commission.
A. Jeff Ifrah , Andrew J. Silver , Washington, DC, and Ifrah PLLC on brief for iDevelopment and Economic Association, amicus curiae.
Kevin F. King , Rafael Reyneri , Washington, DC, and Covington & Burling LLP, on brief for Association of Gaming Equipment Manufacturers, amicus curiae.
Dana Nessel , Michigan Attorney General, Fadwa A. Hammoud , Solicitor General, Melinda A. Leonard , Mark G. Sands , Donald S. McGehee , Assistant Attorneys General, Jason Ravnsborg , Attorney General, State of South Dakota, Dave Yost , Attorney General, State of Ohio, Kathleen Jennings , Attorney General, State of Delaware, Joshua H. Stein , Attorney General, State of North Carolina, Mark R. Herring , Attorney General of Virginia, T.J. Donovan , Attorney General, State of Vermont, Kevin G. Clarkson , Attorney General, State of Alaska, Josh Kaul , Attorney General, State of Wisconsin, Mary R. Harville , Senior Vice President, General Counsel & Corporate Secretary, Kentucky Lottery Corporation, Phil Weiser , Attorney General, State of Colorado, Keith Ellison , Attorney General, State of Minnesota, Lawrence G. Wasden , Attorney General of Idaho, Valerie Morozov , Legal Counsel, Rhode Island Dept. of Revenue, Division of Lottery, William Tong , Attorney General of Connecticut, Karl A. Racine , Attorney General for the District of Columbia, Brian E. Frosh , Attorney General of Maryland, Alonda W. McCutcheon , General Counsel, Tennessee Education Lottery Corporation, on brief for the State of Michigan, Michigan Bureau of State Lottery, and South Dakota, Ohio, Delaware, North Carolina, Virginia, Vermont, Alaska, Wisconsin, Colorado, Minnesota, Idaho, Connecticut, District of Columbia, Maryland, the Rhode Island Department of Revenue, Division of Lottery, the Kentucky Lottery Corporation, and the Tennessee Education Lottery Corporation, amici curiae.
Before Lynch and Kayatta, Circuit Judges.
KAYATTA, Circuit Judge.
In 2018, the Office of Legal Counsel ("OLC") of the U.S. Department of Justice ("DOJ") issued a legal opinion, adopted by DOJ, that all prohibitions in the Wire Act of 1961, save one, apply to all forms of bets or wagers (the "2018 Opinion"). The 2018 Opinion superseded an OLC opinion from 2011 concluding that the Wire Act...
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