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iMEGA, the Interactive Media Entertainment & Gaming Association, along with the US Department of Justice, presented their oral arguments on July 7th in the 3rd US Circuit Court of Appeals in Philadelphia.
The case in question is the UIGEA (Unlawful Internet Gambling Enforcement Act) appeals case, in which iMEGA argues that the UIGEA should be dismissed because it is simply too vague.
Although much of the decision making process is done before oral arguments are presented in the appellate court, many feel that things could have gone somewhat better for iMEGA, and that it certainly looked like the court was favoring the Department of Justice.
The Chairman of iMEGA, Joe Brennan Jr., said that although the media has portrayed the appeal in a negative light for iMEGA, he felt it was important to let their members know "that it's not as bad as that." He explained, as his lawyers had explained to him, that "At trial level judges are passive, but at appellant level most of the work is done in advance of the hearing, and in some cases the judges won't entertain oral arguments at all."
The hearing lasted for only half an hour, however, the judges do their own research into the case before and after the oral arguments. Both sides now play the waiting game since decisions by the US 3rd Circuit Court judges are usually reached within three months.
Should iMEGA lose, they can either have their case reviewed by all eleven of the 3rd Circuit Court judges, or take their appeal to the US Supreme Court. |
