There has long been a debate about whether poker, or specifically Texas hold’em should be considered gambling. The term “gambling” seems to imply taking part in a game of chance. Poker, on the other hand, requires a lot of skill, especially the Texas hold’em variation.

Last fall, a South Carolina Circuit Court overturned the convictions of 5 Mount Pleasant poker players, stating that since Texas hold’em is a game of skill and strategy, it is not affected by the state’s ban on gambling. The 5 poker players likely celebrated the ruling, possibly by having a huge poker night, but the fight isn’t over.

South Carolina Attorney General Henry McMaster has appealed that court’s ruling. Normally, the appeal would go to the Court of Appeals, but the AG skipped that step and went straight to the state Supreme Court. His reasoning is that the legal issue deals with the wording of the constitution in regards to gambling.

In the earlier ruling, Circuit Court Judge Markley Dennis stated that a private game of Texas hold’em in one’s one home does not violate the state’s anti-gambling laws. The attorney general disagrees, stating that whether or not a game requires skill does not make a difference. Soon there should be a third opinion and one that counts much more than those two: one from the state Supreme Court. We’ll keep you posted.

Tags: Attorney General Henry McMaster, Circuit Court Judge Markley Dennis, gambling laws, Mount Pleasant, South Carolina, Supreme Court, Texas hold'em