That seems like something that won’t happen.https://twitter.com/DustinGouker/status/1070019281012834305 …
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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.
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Replying to @DustinGouker @OPReport
Maybe this is an ignorant question, but is there another legal argument that this is a 10th Amendment violation?
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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
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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
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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
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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
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Addendum: 8. The Christie/Murphy decision does make clear that Congress would have to regulate private actors rather than states in setting up a federal gaming framework. So the structure will still be important. 5/5
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