The U.S. Deputy Attorney General Rod Rosenstein has stated that the Wire Act Opinion in 2019 does not affect state lotteries. In a memorandum on April 8th, the Attorney General is addressing the question whether the Wire Act applies to state lotteries and their vendors. For the time being, it seems that lotteries selling online with legal approval will not be affected by the law. They will not have to cease operations by July, like other organizations receiving wagers over the internet. However, the memo does state that the DOJ could interpret that the Wire Act does affect lotteries, and then lotteries will be given 90 days to shut down their operation from that point.
This memo probably causes the New Hampshire Lottery suit to be stopped. Lotteries, not being affected by the opinion, might not have any standing in the case. If the DOJ does decide the Wire Act affects lotteries, then the industry will be ready for it. But if somehow it shakes out that lotteries are the only organizations permitted to sell online by the federal government, this would be a massive boon to the industry, effectively giving them a monopoly in every state.
