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Grange95's profile
Grange
Grange
Grange
@Grange95

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Grange

@Grange95

Recovering lawyer, Huskers & Packers fan, poker degenerate, scurvy fighter, sarcastic SOB ... Mostly here for the dogs.

West Des Moines, IA
craakker.blogspot.com
Joined April 2009

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    1. Chris Grove‏ @OPReport 4 Dec 2018

      Chris Grove Retweeted Dustin Gouker

      That seems like something that won’t happen.https://twitter.com/DustinGouker/status/1070019281012834305 …

      Chris Grove added,

      Dustin Gouker @DustinGouker
      Quick story on draft sports betting bill in Congress, will be updated. (It includes a copy of the bill, as well.) The bill as written says that the US Attorney General would have to approve any state's gambling law before it could take effect. https://www.legalsportsreport.com/26545/federal-sports-betting-bill-2018/ …
      Show this thread
      2 replies 0 retweets 6 likes
    2. Dustin Gouker‏ @DustinGouker 4 Dec 2018
      Replying to @OPReport

      Trying to think of similar laws where a state passes something and then has to go get affirmative approval for said law from the feds... not aware of any, though that doesn't mean they don't exist.

      3 replies 1 retweet 0 likes
    3. Jessica Welman‏ @jesswelman 4 Dec 2018
      Replying to @DustinGouker @OPReport

      Maybe this is an ignorant question, but is there another legal argument that this is a 10th Amendment violation?

      3 replies 0 retweets 0 likes
    4. Grange‏ @Grange95 4 Dec 2018
      Replying to @jesswelman @DustinGouker @OPReport

      This is a complicated question at the intersection of the Commerce Clause, federal preemption, and the 10th Amendment. 1. Under the Commerce Clause, Congress can regulate gaming. 2. Congress can preempt state gaming laws. However, preemption comes in several flavors. 1/x

      1 reply 0 retweets 1 like
      Grange‏ @Grange95 4 Dec 2018
      Replying to @Grange95 @jesswelman and

      3. Here, the proposal seems to envision federal minimum standards with states free to act beyond those standards. This is generally OK from a preemption perspective. 4. Tenth Amendment limits how Congress can impose federal restrictions on states via preemption. 2/x

      11:34 AM - 4 Dec 2018
      • 1 Like
      • Steve Ruddock
      1 reply 0 retweets 1 like
        1. New conversation
        2. Grange‏ @Grange95 4 Dec 2018
          Replying to @Grange95 @jesswelman and

          5. The Christie decision held that Congress couldn’t directly order state legislatures to enact/maintain a gaming ban. But that’s different from Congress setting a federal framework states must follow which is seen in other areas (e.g., environmental regulations). 3/x

          1 reply 0 retweets 0 likes
        3. Grange‏ @Grange95 4 Dec 2018
          Replying to @Grange95 @jesswelman and

          6. The AG certifying state compliance with federal requirements is unusual, but something similar happens in environmental regulations with EPA review of state Clean Water regs. 7. It would depend on final statute language, but the proposal likely would be constitutional. 4/4

          1 reply 0 retweets 0 likes
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