Still a would-be felon

[Kurn]

Unfortunately, the only way for this law to be unconstitutional would be for at least one State to legalize online poker (by that I mean to legally allow an online site to be hosted in the State). If that were to happen, then the WA law would clearly violate the Interstate Commerce clause. For now, since the sites are offshore, it doesn't fit the definition of interstate commerce.

Of course, that might not even help, as there is a long history of the feds ignoring the Constitution. Two obvious examples are The Defense of Marriage Act which clearly violates the Full Faith and Credit clause, and (going back farther) the stipulation that Utah ban plural marriage as a condition of Statehood which clearly violates the Separation Clause of Amendment I.

<constitutional rant off>