Paul Clement, a legal expert, has challenged the federal poker bill agreed upon by Senators Kyl and Reid, on the basis of the former solicitor general’s memorandum. According to certain factors in the memorandum, parts of the draft poker bill could be unconstitutional if the Congress approves it.

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PokerNews recently published a report, in which it states that Clement, a former US solicitor general under President George W. Bush, has voiced concerns about the draft of this federal poker bill. The Poker Players Alliance (PPA) had requested Clement to give his legal opinion on the bill, and according to a report published in the Las Vegas Review Journal, Clement state that the bill is flawed and unconstitutional. The bill, if passed into law, will punish offshore online poker rooms that operated in the US after the Unlawful Internet Gambling Enforcement Act was passed in 2006.

According to the bill, online poker rooms, which operated in the US after 2006, will not be considered eligible to obtain a license in the US for the first five years after the passage of the bill. Mr. Clement states that this gives rise to “serious due process concerns.”

Last month, Mr. Clement informed Kyl and Red about his legal opinion. He stated on paper that the bill is similar to another bill that could not be passed in the Congress a couple of years back. The senators had tried their best to get their bill approved, but now they no longer have the time.

Clement sent a memorandum to Kyl, in which he said, “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.” Although Reid and Kyl have not yet responded to the memorandum, Reid’s spokesperson said that the bill is only a draft that can be modified.

Clement, who is a legal specialist in constitutional issues, had served as the government’s legal representative in around 60 cases heard in the Supreme Court. He now runs a private law firm.

Since the PPA had requested him to study the draft bill and give his expert opinion, he had analyzed it and submitted his reports on it. Although the PPA is a staunch advocate of legalizing and regulating online poker at the federal level, it has urged the senators to modify the draft federal poker bill to make it more constitutional.

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