US Supreme Court sets June 13 date to consider Florida sports betting case

The US Supreme Court has set June 13 as the date the group of justices will discuss the merits of hearing the Florida sports betting case. The Court’s nine justices will review the case of West Flagler and Associates vs. the State of Florida on that day, deciding where things go from there. Four justices must vote to accept a case. 

The ability to offer sports betting in Florida could potentially be at stake. The Seminole Tribe, under its Hard Rock Bet sportsbook brand, enjoys sole jurisdiction over the legal Florida sports betting market. However, the highest court in the U.S. could weigh in on whether or not that remains, should it accept the case.

When the Supreme Court declined to stay the mandate of the Circuit Court decision, Justice Brett Kavanaugh filed a supplemental brief in which he suggested that the case could have national implications, indicating it might be worth hearing. Furthermore, Justice Neil Gorsuch is well known for being a champion of tribal rights, meaning he might take an interest in the case as well.

The Supreme Court chooses which cases to hear based on the potential far-reaching of its decisions. Although the Florida sports betting case encompasses specific components of a single compact, plaintiffs have argued the way the courts have interpreted the Indian Gaming Regulatory Act (IGRA) to regulate online gambling constitutes an issue of national importance.

West Flagler argues sports betting in Florida is "unlawful"

The case is making its way to the Supreme Court after both West Flagler and the federal government filed briefs earlier this month. Lawyers for Interior Secretary Deb Haaland asked SCOTUS to deny any motions by West Flagler to move this case forward because, in the federal government’s opinion, earlier rulings upholding the Florida sports betting compact were correct.

West Flagler argues that the legality of the current status of sports betting in Florida is “plainly unlawful." In legal terms, what West Flager has done is file a petition of certiorari, essentially asking the Supreme Court to review a lower court’s decision. 

At the heart of the issue is Florida's gaming compact with the Seminoles, which grants exclusive rights to the tribe to conduct statewide online sports betting. The agreement has been the source of a lengthy legal battle at both federal and state levels on whether the "hub-and-spoke" aspect of the company, which allows off-reservation bets wired through tribal servers, meets the Indian Gaming Regulatory Act.

Florida attorney Daniel Wallach has filed an amicus brief, arguing that the structure does violate IGRA. He cited Supreme Court Justice Kavanaugh's statement that if the compact authorized the tribe to conduct off-reservation gaming operations, either directly or by deeming off-reservation gaming operations to somehow be on-reservation, then the compact would "likely violate" IGRA.

Supreme Court hearing highly unlikely

Historical evidence suggests that the Court denying the cert is the likely outcome. The US Supreme Court receives about 7,500 requests for writs of certiorari a year but, in contrast, it typically grants just about 150. This means more than 95% of cases presented before the Court are turned down.

If the cert is denied, then West Flagler would only be able to turn to state courts to challenge the compact. In contrast, should SCOTUS decide to grant cert in the Florida case, the court will hear oral arguments on the issue likely in late 2024 or early 2025. 

A summary reversal would be the most convenient outcome for West Flagler, which would reverse the previous court's decisions and immediately half the current Florida sports betting system. While all nine justices would have to vote in favor of this ruling, Justice Kavanaugh's past statements could give West Flagler some hope.