WASHINGTON – A bill to legalize online poker that is being written in Congress and that Nevada senators are trying to pass by the end of the year could be challenged in court and found unconstitutional, according to a legal analysis by a former top government attorney.

The bill would set up a framework to license and regulate Internet poker companies, and to nourish a U.S.-based online poker industry. But former U.S. solicitor general Paul Clement said he found flaws in segments of the bill that seek to punish overseas providers that ran games in the United States and continued to take bets from U.S. players even after Congress enacted online restrictions in 2006.

The so-called “penalty box” provisions would prohibit those companies from applying for an online poker license for five years, and from selling their trademarks or software to others seeking a license.

Clement said the bill being formed by Sens. Harry Reid, D-Nev., and Jon Kyl, R-Ariz., “raises serious due process concerns.”

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WASHINGTON DC – Gov. Brian Sandoval went to bat Thursday for a federal online poker bill, breaking away from fellow governors ramping up to fight it.

Sandoval split with the National Governors Association, which told congressional leaders the proposed bill would restrict states from pursuing their own forms of legalized gaming, and the revenue gained would help fund schools and social programs.

A draft bill reviewed by the governors was unacceptable, according to Govs. Tom Corbett of Pennsylvania and Steve Beshear of Kentucky.

“We oppose the draft Senate legislation in its current form as an unnecessary pre-emption of state authority,” said the governors, who head the association’s economic development committee.

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