More Obstacles For the Reid-Kyl Bill

If the Federal Internet Poker Bill proposed by Senate Majority Leader Harry Reid and Jon Kyl receives the approval, former U.S. solicitor general Paul Clement says it may open up the possibility of court challenge. In a five page memo sent to Reid and Kyl Clement said that segments of the bill that effectively penalize overseas providers, who operated games in the United States after 2006 when the UIGEA was passed, "raises serious due process concerns" as it spotlights a group without adequate protection for their rights. Clement said in his conclusion: "In my view, the 2012 act suffers from the exact same problems as the 2010 act, and in some instances, the 2012 act's constitutional infirmities are even more pronounced." The bill that Reid, a Democrat from Nevada, and Kyl, an Arizona Republican, proposed, in anticipation of constitutional challenges on certain provisions contains a clause that ensures unchallenged provisions remain in effect. Being persistent as ever, Reid is attempting to push passage of the bill through Senate during the lame duck session of Congress.