United States Third Circuit

In an action raising facial constitutional challenges to the Unlawful Internet Gambling Enforcement Act of 2006 (Act), dismissal of the complaint is affirmed where: 1) the Act is not void for vagueness as it clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits: 2) district court did not err in rejecting plaintiff's claim that the Act violated a constitutional right of individuals to engage in gambling related activity in the privacy of their homes in holding that plaintiff lacked standing to assert such third party rights. Even assuming that plaintiff has third party standing, its claim clearly fails on the merits.

Appellate Information

• Argued 07/07/2009
• Decided 09/01/2009
• Published 09/01/2009

Judges

• Before: SLOVITER, AMBRO, and JORDAN Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Eric M. Bernstein (Argued) Eric M. Bernstein & Associates, Warren, NJ, Stephen A. Saltzburg (Argued) George Washington University, Washington, DC, for Appellant.


• For Appellees:
  
• Nicholas J. Bagley (Argued) Jacqueline E. Coleman United States Department of Justice, Washington, DC, for Appellee.