“We ask that DOJ withdraw its opinion altogether or assure us that DOJ will not bring any enforcement actions against companies and individuals engaged in online gaming in our states — where it is appropriate under state law," New Jersey Attorney General Gurbir S. Grewal and Pennsylvania Attorney General Josh Shapiro wrote in a letter to Matthew G. Whitaker, acting U.S. attorney general.

"It looks like I will have to go to court again to straighten out the Justice Department's overreaching on states’ rights, just as I did with sports betting," said Lesniak. "This opinion is outrageous. If Congress won't fix it, I will through the judicial process." Lesniak will reportedly work pro bono, according to a press release. Lesniak will seek a declaratory judgement that the opinion is contrary to the clear intent of the Wire Act.