The New Hampshire Lottery Commission is the first U.S. State to take on the U.S. Department of Justice Office of Legal Counsel through the legal system referencing its recent reversal of a 2011 opinion on the Federal Wire Act (see previous reports).
Our readers will recall New Jersey and Pennsylvania State Attorney General’s Gurbir S. Grewal and Josh Shapiro recently joined forces in a letter asking the US Department of Justice (DOJ) to withdraw “a deeply troubling” opinion that effectively makes internet gambling illegal.
The lawsuit, filed in federal court late last week, claims the opinion creates uncertainty on whether the New Hampshire Lottery should cease online operations with an associated cost of $90 million per annum.
“… the 2018 Opinion is contrary to law and beyond the defendants’ statutory authority to enforce,” the court filing reads. “The 2018 Opinion also exposes the New Hampshire lottery system to substantial uncertainty as to the continued legality of its operations, which fund New Hampshire’s public education system.”
The New Hampshire Lottery Commission is asking the courts for a declaratory judgement defining the rights of all parties as well as an order vacating and setting aside the 2018 Opinion.