the point is the federal government a had jurisdiction to prohibit virtually all online gambling except sports. now they re reversing that. jamie: states want this. this would be a way for them to earn money they desperately need but it has to be intrastate which seems to be very expensive to monitor, to know whether or not the person online is actually dealing with a gambling company online. do you see this as really working out or being a total mess? it is a mess, jamie, for couple reasons. doug, that was some statutory construction. i haven t done it like that since law school. jamie: you got an a though, i know. thank you. on issue where it works out it is a problem. here s why. the justice department did indeed reverse the policy, however it is unclear. why is it unclear, jamie? it is clune unclear for couple reasons. the federal government which is congress, right, they can decide to take any loophole in the law, doug was talking about the statutory construction and close
that would in effect end this thing and make it crystal clear. the second thing now that will happen from a poll at this terp station and interpretation and standpoint there will be litigation. fifth circuit court of appeals covers texas, it covers louisiana, it covers mice sip. if there is mortgage litigation it could be overturned. we re far from out of the water here and i don t think the states should be getting overall giddy and decide we will enact whatever we want with regard to gambling. we have to hold the phone a little bit here. jamie: doug, i m so curious why do you think the justice department would reverse itself? it is a pretty big reversal? it is interesting, the office of legal counsel is probably the most academic division, maybe other than the solicitor general s office in doj. antonin scalia, william rehnquist head of that division, office of legal counsel. they honestly felt, jamie the fifth circuit was right. the reality it is not a viable position to say spor
states. so it s very, very complicated what the real backstory is and who really wanted to do it but joey, at the end of the day you have no know when to hold and when to fold them. i knew you would get me back though. there you go. jamie: i wonder, there are gambling stocks too. the impact of this. absolutely. jamie: doug do you think it will go beyond the companies that are actually in this business? gambling stocks have always been an investment worth considering. i was discussing with joe way before we came on, from additionally offshore gambling sites and costa rica and others. now it will come to the u.s. there may be stock market activity, public offerings, new activity. i think you may be right, sure. jamie: cha-ching, guys. joey, behave. no going online just yet. he will start. jamie: guys, thanks for coming in. thank you. jamie: i know we saw each other yesterday but great to see you again. always. jon: jamie at the top you
maybe the heartbeat is not regular. he may need additional work. jamie: we ll keep an eye on it for you folks. dr. garner, thank you. jon: a wet mix of winter weather is causing some travel trouble during a very busy holiday week. there it is on the radar. a live update from the fox weather center on what is going on down south. plus, it is the attack add technique of choice for the 2012 election. what you ve said or done on camera could be used against you. how the new ad strategy is working. our news ad panel takes it on next. governor romney in his business career created more jobs than the entire obama cabinet combined, so he can actually talk about it.
jamie: silent night no more. now rowdy politics just eight days before the iowa caucuses. hi, everybody i m jaime colby in for jenna lee today. jon: it s a monday, feels like a tuesday. i m jon scott. welcome to america s election headquarters and the second all new hour of happening now. republican candidates back on the campaign trail making a final push before the first in the nation caucuses, with many iowa voters still undecided and the polls showing a very close race this will be a critical week. jamie: look, there is kelly wright. they are busy, kelly. reporter: indeed they are. we are not sure what gifts the republican candidates actually received from santa. we do know what is at the top of their wish list, that is to receive the republican nomination. that is not up to santa, it s up to the gop voters. that s where we begin. that s why the candidates will be in full campaign mode in iowa