SCOTUS Sets Date to Review Florida Sports Betting Case

After years of fighting over the Florida gaming compact, the US Supreme Court (SCOTUS) will finally review West Flaglers’ challenge. 

SCOTUS announced that it will officially review a writ of certiorari request from West Flagler on June 13. This is the latest move in a battle between West Flagler and Florida over the state’s gaming compact. The issue at the center of the disagreement revolves around Florida using the Indian Gaming Regulatory Act (IGRA) to award sole rights to its sports betting market to the Seminole Tribe.

West Flagler’s current challenge focuses on the Equal Protection Clause that forbids the government from making decisions based solely on race. They argue that the state’s decision to give the Seminole Tribe sole rights to sports betting created a race-based monopoly, violating Equal Protection.

“The Government is wrong that the compact cannot itself violate Equal Protection, and that a State can violate Equal Protection only through legislation,” West Flagler’s SCOTUS brief states. “It is therefore also wrong to assert that the Federal Government cannot violate Equal Protection by approving a compact that itself violates Equal Protection.” To hold otherwise would be to countenance the federal approval of any state contract that expressly promises that the state will engage in racial discrimination.” 

If SCOTUS accepts the case, it will set up a full review and ruling on the case, which could set a national precedent.

Seminole Tribe Opts Not to File SCOTUS Response

Legal experts were surprised that the Seminole Tribe failed to file a response with SCOTUS over the writ of certiorari. They had the option to file a brief to support their deal with Florida but either decided against it or simply ran out of time. It’s hard to know how much weight that would have carried, but it would lend another voice supporting the compact. 

While the US Department of the Interior filed a strongly worded response supporting the controversial gaming compact, it was largely seen as underwhelming.