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In response to the Department of Justice's 2018 legal opinion the New Hampshire Lottery Commission filed a lawsuit with the US District Court of New Hampshire. The Commission requested the 2018 reversal to be vacated as it would cost the state around $90 million annually in education funding. On June 3, 2019 Federal Judge Paul Barbadoro ruled in favor of the New Hampshire Lottery Commission, stating that the 1961 Federal Wire Act only pertains to sports betting:
<blockquote>Before me are the Government’s motion to dismiss for lack of standing and the parties’ cross-motions for summary judgment. Based on the text, context, and structure of the Wire Act, I also conclude that the Act is limited to sports gambling. Accordingly, I deny the Government’s motions and grant the plaintiffs’ motions for summary judgment.<ref> [https://www.wmur.com/article/nh-wins-lawsuit-against-federal-government-over-lottery-sales/27703705# "NH wins lawsuit against federeal government over lottery sales"], ''WMUR''. June 3, 2019. Retrieved on 2020-02-11</ref></blockquote>
On August 16, 2019 the Department of Justice filed a Notice of Appeal against Barbadoro's ruling.