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It comes down to gambling law and the fact that our nation’s gambling laws allow casinos to profit when a business doesn’t,” he told The Washington Times by phone from Miami.

Some states’ gambling laws have been rewritten to allow gambling but casinos are still barred from operating in places like Nevada, Illinois and California, where regulators have long warned the casinos that they are losing millions of dollars if they continue to operate.

So what does Mr. Trump’s comments mean in terms of actual gambling in those areas?

“He’s absolutely right,” said Robert K. Smith, professor of law at the University of Miami. “Casinos should operate, but they’re prohibited from opening in those areas.”

Under federal rules, casinos may be permitted in any area that has been cleared to be a casino, including casinos not under construction. In the past, however, state legislatures have changed the state’s gambling laws without updating them. And since 2005, the Justice Department has stopped enforcing state law on the books until federal regulations change. The rules change come in June.

But Mr. Trump hasn’t changed federal law.

“State-licensed casinos are prohibited from operating in all but 12 states that still allow such activities,” Mr. Smith said. “No casino in the U.S. is permitted to operate on a federal level. It’s a state issue.”

In the past, state lawmakers have worked to expand state gambling, particularly where casinos have made inroads, including in Nevada, which has one of the most extensive casino-hosting jurisdictions in the country. But they’re unable to do anything to affect the current federal rules because of the way Congress sets the rules:

Congress sets the state regulatory standards, and state governments implement them by passing laws.

The state of Nevada, for instance, passes rules allowing casinos to be legalized in the immediate, short term.


But they do not have any effect on how the federal government views them, which Mr. Trump is correct about.

The casino industry itself does not see gambling as a problem. “Gambling is one of the many activities and economic engines that contribute to economic growth in all 50 states,” said David M. Katz, an executive vice president and a spokesman for the National Gambling Policy Coalition. “The current federal and state regulation has not kept up with this growth and would not affect our ability to have a robust casino industry if we were permitted to play with the same rules as other states.”

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