The Department of Justice has counterfiled a brief against IMEGA, claiming that its suit against the DOJ has no standing.

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One of the matters addressed in the brief was iMEGA’s argument that the UIGEA is vague, and thus unconstitutional. The Department contends that this issue was not raised in iMEGA’s initial court case, and thus cannot be considered in this appeal. While iMEGA’s initial case was dismissed, the association filed this appeal in September 2008 after being granted legal standing to do so.

That legal standing, however, is also being contended by the Department of Justice. The Department said through its brief that iMEGA is a “trade association representing online gambling businesses,” and thus cannot defend individual gamblers.

However, iMEGA Chairman Joe Brennan Jr., remained optimistic.

“We’re very confident today, after reviewing the government’s brief, that we are on track for having this law overturned,” Brennan said. “We’re looking forward to the opportunity, once this fatally flawed law has been dealt with, to work toward a reasonable, common sense approach by our country to Internet gaming, one that above all affirms our rights and their place in the online world.”

The association has 15 days from when the brief was filed on Oct. 29 to submit its own brief responding to the government document. After that, a three-judge panel will be selected to determine when to hear oral arguments.
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