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Muskie
12-15-2008, 08:44 AM
Seizure of gambling site domain names

Read more (http://www.kentucky.com/181/story/625576.html)

A three-judge panel is weighing Beshear’s unprecedented move to seize the domain names of 141 gambling Web sites.


Franklin Circuit Judge Thomas Wingate allowed the Cabinet for Justice and Public Safety to seize the domain names last month. The seizure, at this point, is meaningless because the state cannot control the content of the Web sites until a judge orders the domain names forfeited to the state.


A forfeiture hearing has been stayed pending a ruling from the Court of Apeals.

Raoul Duke
12-15-2008, 08:55 AM
Kentucky is prohibited by the commerce clause of the U.S Constitution from regulating interstate and international commerce, which the trade groups argue Wingate’s order affectively allows.

This argument was the first thing that jumped into my mind. Seems pretty obvious here.

Muskie
12-15-2008, 08:57 AM
This argument was the first thing that jumped into my mind. Seems pretty obvious here.

The question is can you violate the Commerce Clause when regulating an illegal enterprise?

Raoul Duke
12-15-2008, 09:05 AM
The question is can you violate the Commerce Clause when regulating a illegal enterprise?

I guess I would argue (and I think the gambling site attorneys did) that merely by making the determination of illegality, Kentucky is regulating interstate (and international) commerce. The fact that it's largely international weighs even more against KY too.

Muskie
12-15-2008, 09:07 AM
I guess I would argue (and I think the gambling site attorneys did) that merely by making the determination of illegality, Kentucky is regulating interstate (and international) commerce. The fact that it's largely international weighs even more against KY too.


True (and it's been awhile since I even thought about the Commerce Clause, let alone reviewed the cases). However, couldn't a Drug Cartel make the same argument?

Juice
12-15-2008, 09:23 AM
The question is can you violate the Commerce Clause when regulating a illegal enterprise?

Wouldn't Gonzalez v. Raich say that you can?

The facts are little bit different but I think the ruling in that case would apply.

Raoul Duke
12-15-2008, 09:51 AM
Wouldn't Gonzalez v. Raich say that you can?

The facts are little bit different but I think the ruling in that case would apply.

That case (based on my skimming of wikipedia's blurb, done about two second ago...) involved Congress regulating the commerce. So I don't think it really cuts one way or the other in the KY case.

I'll go ahead and agree with Muskie that my recollection of this area of law is fuzzy, to say the least.

Snipe
12-15-2008, 11:13 AM
Free the people!

Stonebreaker
12-15-2008, 01:27 PM
Free the people!

Let my people go!

MADXSTER
12-15-2008, 01:35 PM
Where's your Moses now!

Kahns Krazy
12-15-2008, 04:42 PM
Let my Cameron go!
http://www.closkey.com/mybrilliantmistakes/archives/cameron.jpg