Legal Opinion

N.H. Lottery Comm'n v. Barr

District Court, D. New Hampshire

Decided June 3, 2019No. Consolidated Case No. 19-cv-163-PBPublishedCited by 4 opinions

1Opinion of the Court

Paul Barbadoro, United States District Judge *136The Wire Act of 1961 criminalizes certain gambling activities that use interstate wires. In 2011, the Justice Department's Office of Legal Counsel ("OLC") issued a formal opinion declaring that the Wire Act only punishes activities associated with sports gambling. Last year, the OLC changed its mind. It now asserts that the Act also covers lotteries and other forms of gambling that do not involve sports.

The New Hampshire Lottery Commission has long offered lottery games such as Powerball that necessarily use interstate wires. Fearing that these…

2Cases cited62 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  3. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  4. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  5. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967

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3Cited by4 opinions

  1. NH Lottery Commission v. RosenCourt of Appeals for the First Circuit · 2021
  2. Conservation Law Foundation, Inc. v. New Hampshire Fish and Game Department, et al.District Court, D. New Hampshire · 2020
  3. International Game Technology PLC v. GarlandDistrict Court, D. Rhode Island · 2022
  4. NH Lottery Commission v. RosenCourt of Appeals for the First Circuit · 2021

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