A debate on whether the game of poker should be considered a game of skill or chance is waging in the State of North Carolina, which - depending on a court ruling - could shape how state governments view the existence of both land-based poker rooms and the fast-growing online poker and gambling industry. The court case in question is actually an appeal filed by a North Carolina businessman, Howard Firerman, challenging a previous court ruling that poker is a game of chance.

With poker viewed as a game of chance, North Carolina law has no choice but to view this popular activity as an illegal activity. With this popularity comes a newfound support and movement to challenge what would seem like a minority ruling.  But rather than debate why poker (even as a game of chance) would be better off regulated and used to support the economy, Fireman is seeking to dismantle the whole argument in support of illegalizing poker by contesting the ruling that it is a game of chance.

Coming from the "poker is a game of skill" mentality, Fierman is seeking the have the former court ruling overturned by directly filing an action against the Durham District Attorney who was against opening a local poker room because of the legalities governing betting in North Carolina. And since it is Fireman who wants to open a poker room, it is within his best interests to contest this decision blocking him from his pursuits. Fierman's lawyer, Whit Powell, elaborated on the debate by defending poker's skillful nature. Their view (which some are saying borders on a philosophic qualities of "I Think, Therefore I am"), is that if an unskilled poker player joins a table of highly skilled players, the less skilled player will invariably lose money.  Therefore, the game and hand outcomes are a product of skill and not chance.

With a panel of three judges set to review Fireman's appeal, it could take as long as several months for a decision to be made, which many are saying does not look good for Fireman. Although Fireman's argument is justly presented, the fact remains that poker is both a game of skill and chance, and that making the issue black from white is a risky call.  However, even if the panel overrules Fireman's appeal, he could still submit his claim to the State Supreme Court, which would draw out the process even longer.