Supreme Court will not hear FL sports betting case

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The sports betting status quo in Florida is safe for now, as the Supreme Court announced Monday that it will not be hearing West Flagler and Associate’s legal challenge to the compact between the Seminole Tribe of Florida and the state.

“The Seminole Tribe of Florida applauds today’s decision by the U.S. Supreme Court to decline consideration of the case involving the Tribe’s Gaming Compact with the State of Florida,” the Seminole Tribe said in a statement.

“It means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact.”

The court conferences last week to consider a number of cases, including West Flagler. Chances of the case being heard in the country’s highest court were always slim, as SCOTUS hears only a fraction of the cases that petition them.

The compact for retail and online betting exclusivity is a 30-year agreement that will expire in 2051.

Legal expert Daniel Wallach has offered up three ways West Flagler can continue to challenge the case now that the Supreme Court is off the table. West Flagler can return to federal court with a new case challenging that the compact violates the Equal Protection Clause. This was an argument voiced by Justice Brett Kavanaugh about the case. The group could also file a new federal case challenging the scope of the DOI’s participation in executing the compact. Finally, the group can return to the Florida state court and file a constitutional challenge.

With the “hub and spoke” model of the location of the servers serving as the location of the bet, the Florida compact could serve as the inspiration for future states with strong tribal presences, like California and Oklahoma, to model future sports betting markets.