In a stunning development, the US Supreme Court on Monday ruled that a law from colonial days covering what is now Kentucky takes precedence over the Constitution, and that as a consequence the state must have no barriers to any forms of gaming.
Kentucky lawmakers confirmed Monday that they are already discussing the possibility of introducing legislation next year authorizing the state to join the Multi-State Internet Gaming Agreement (MSIGA), an interstate compact that supports online poker.
Conservatives on the high court agreed that a portion of the Appalachian Frontier Act of 1766, a law passed by Parliament when the US was still the Thirteen Colonies, took precedence over the US Constitution. The law guaranteed settlers there the right to conduct all forms of gaming in perpetuity.
Most of the conservatives follow a strict interpretation of the Constitution, aka originalism, meaning the document should be interpreted based on the thinking of the Founding Fathers at the time.
The court ruled 6-3 against the government in the obscure case, Hoodwink-Yarnspin v. US Department of Interior (No. 0401-APR).
Here are your questions about the ruling, answered:
What’s this all about?
This morning, a divided US Supreme Court said Kentucky can’t have any barriers to gaming because a law passed in 1766 by the English Parliament — a full decade before we declared our independence — takes precedence. But the good news is that Kentucky will soon have multi-state poker!
Whoa, whoa, whoa … the Supreme Court did what?!
The conservatives on the high court argue that a law passed before the Constitution was enacted should take precedence over the Constitution itself. That’s because the Founding Fathers must have had laws passed by Parliament on their mind when they wrote the Constitution in the first place. It’s the most daring use of originalism to date (but it’s still early).
One of the laws — a measure meant to protect what was then the English colonial frontier — allowed all forms of gambling. And so here we are.
That’s incredible. So, what happens now?
We’re told that Kentucky lawmakers have already agreed in principle to allowing a single operator to offer online poker and casino gaming. You may recall that the Bluegrass State launched mobile sports betting last September. And we’re also told that the regulator has already conducted a secret auction for that single license and has selected an operator.
Who is it?
TwinSpires.
TwinSpires?
Yes, TwinSpires.
Didn’t they go out of business? 🤔
At one point, TwinSpires operated online casinos in three states and sportsbooks in 12. It announced in March 2022 that it would begin the process of exiting the US online casino and sports betting markets in order to focus exclusively on horse racing, which it has — up until Monday.
So, TwinSpires will launch TwinSpires Poker KY?
No, they have decided to partner with a sports magazine from the 1970s and will use their branding instead. It’s a nostalgia model that everyone seems to be pretty excited about, but the entire process is in its early stages.
What is the magazine?
HO Model Railroading for Men.
That’s not a sport. This whole thing is ridiculous.
April Fool. Remember you read all of this nonsense here. 🤡
And why would there need to be a model railroading magazine for men?
Redundant?
