West Flagler asks SCOTUS for extension until Florida case settles

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West Flagler and Associates had previously committed to filing its request for a writ of certiorari with the Supreme Court on Nov. 20. However, today the group instead filed for an extension to file until Feb. 9, 2024. The current deadline for the group to file is Dec. 11. The group is challenging the compact between the Seminole Tribe of Florida and the state regarding online and retail sports betting in the state.

In its written request for an extension, West Flagler notes that, since the Supreme Court denied its request for an extended stay of the mandate that allowed Hard Rock Bet to relaunch earlier this month, the group would prefer not to rush the process.

The request for an extension went on to explain that it would be prudent to delay its filing with SCOTUS until the Florida Supreme Court case on the matter reaches a conclusion.

“If the Florida Supreme Court rules in Applicant’s favor in connection with the State Petition, such ruling will impact the scope of Applicants’ petition for a writ of certiorari. But if the Florida Supreme Court denies or fails to rule in Applicant’s favor, the important statutory and constitutional issues raised by the Circuit Opinion would certainly remain, including the ‘serious equal protection issues’ observed by Justice Kavanaugh.”

Justice Brett Kavanaugh wrote a separate opinion when the court declined to extend the stay observing that if the compact between the Seminole Tribe of Florida extends off-reservation, it could raise questions the federal court would need to address.

“The Florida Supreme Court’s resolution of the State Petition may be relevant to whether the reasoning of the Circuit Opinion is accepted, or whether instead the Applicants are caught in an absurd trap between two judicial systems saying inconsistent things about the nature of this Compact,” the request added.

The state currently has until Dec. 1 to file its response in the Florida Supreme Court case after receiving an extension of its own.