There is no guarantee the Supreme Court will choose to hear the case of West Flagler and Associates vs. the state of Florida. However, the date the group of justices will discuss the merits of hearing the case is now set in stone.
The case is set for conference on June 13. At that time, if at least four justices think the case merits hearing, they will decide to do so.
When the Supreme Court declined to stay the mandate of the Circuit Court decision, Justice Brett Kavanaugh filed a supplemental brief suggesting that the case could have national implications and might be worth hearing. Justice Neil Gorsuch is well known for being a champion of tribal rights, so it is possible he might take an interest in the case as well.
The Supreme Court chooses cases based on the potential far-reaching impacts of the court’s decisions. While the Florida case deals with specific components of a singular compact, the plaintiffs have argued the way the courts have interpreted the Indian Gaming Regulatory Act (IGRA) as it pertains to online gambling is a matter of national significance.
The Supreme Court receives roughly 7,500 requests for writs of certiorari a year and typically grant around 150. In other words, it is very difficult for a case to earn the court’s time. If the court does grant cert in the case, they will hear oral arguments on the matter in the fall.
