Daruma

11:41 am - After a brief recess, Attorney Foote (representing the commonwealth) tells the court that he will be brief in presenting his side. 11:40 am - The attorneys representing the online gambling firms (and there were a lot of them) have concluded their arguments.

11:35 am - Leyden stresses that this forfeiture is unprecedented and clearly unusual. He also brought up TwinSpires.com. What is this? It is a legal online horse racing site based on the commonwealth of Kentucky. The site is operated by Churchill Downs, home of the Kentucky Derby. That institution is engaged in online gambling. So gambling in the state is not a novel concept (as it might be in Utah where all forms of gambling are illegal). "

This action taken by the commonwealth was not wholly benevolent," Leyden points out.

Under the Commerce Clause, states are prohibited from engaging in discrimination as a means of eliminating competition.

Protectionism prohibited was the theme and the concept that this whole matter is unconstitutional.

__________________