After no members of the DC Circuit Court of Appeals called for a vote on West Flagler and Associates’ petition for an en banc rehearing in its case against the Seminole Tribe of Florida and the Department of the Interior regarding the compact allowing for tribal sports betting in the state.
Legal experts predicted this would be the result, as it is unusual for the court to grant en banc rehearings. This exhausts West Flagler’s options at the Circuit Court level, which means its final stop for the federal case could be the Supreme Court.
Should the group choose to take the case to the highest court, they have 90 days to file a petition with SCOTUS. It is not guaranteed that the court will choose to hear the case.
In the meantime, there is no official confirmation from Hard Rock Sportsbook on how this might impact the relaunch of its app in Florida. While the denial could open the door for a relaunch, there is always the possibility the group errs on the side of caution and waits until the federal courts process is complete.
From there, the case could be headed for the state court, as the Circuit Court ruling against West Flagler noted multiple times that, though the compact may be above board, if the group does want to challenge the elements of the agreement that allow for mobile sports betting in the state, it should do so at the state level.
In the meantime, the Seminole issued the following statement about today’s denial:
“The Seminole Tribe of Florida is pleased with today’s denial of the request for an en banc hearing by the D.C. Circuit Court of Appeals.”
Hard Rock Sportsbook was a little more enthusiastic, posting this on Twitter: