Government Responds to iMEGA’s TRO Request and made the deadline just in time.
iGaming Law Challenge:
Brief by US Attorneys breaks no new ground, denies potential legal jeopardy exists for iMEGA members.
Pushing its time right down to the limit, the US Department of Justice, on the behalf of the other two defendants (Federal Trade Commission and Federal Reserve) just made the deadline of Sept. 21st that was set by Hon. Judge Mary L. Cooper (3rd District/Trenton division) for submitting a response brief, addressing the request by iMEGA’s legal team for a temporary restraining order (TRO) against the Unlawful Internet Gambling Enforcement Act (UIEGA), as part of our suit to have that law overturned and declared unconstitutional.
The brief opposing the TRO request essentially repeats the defendants’ arguments in their motion to dismiss our suit (iMEGA v Gonzales, et al), on the grounds that iMEGA lacks sufficient standing to bring its complaint, and that – even if that were not the case – that the law is (in their opinion) “unripe” for challenge, due to the government’s missing the deadline of 270 days from the signing of the law (Oct. 13, 2006) to provide the necessary regulations for enforcing the law. This amounts to the government trying to have it both ways – insisting that the law cannot be challenged due to its failure to meet the requirements of the law.
The first hearing in the U.S. District Court of New Jersey in the case of iMEGA versus Gonzales will be held, Wednesday, September 26th. The Honorable Judge Mary L. Cooper will hear oral arguments on iMEGA’s petition for a TRO (temporary restraining order) against the implementation of the UIGEA (Unlawful Internet Gambling Enforcement Act), as well as the Governments motion for dismissal.
Even though the DoJ (Department of Justice), Federal Reserve, and Federal Trade Commission barely made the deadline to file their response. All implications at this time are pointing to a victory for iMEGA. Although nothing can be definite until it is ordered and in writing.
Our resources will have some interesting news on the case shortly. Stay tuned right here to find out what the outcome of iMEGA versus Gonzales will be.
To read the Response to Defense Motion to Dismiss click here.