Yet another wrinkle is being added into the years-long Florida sports betting case.
West Flagler Associates, the plaintiff in the litigation, has asked the United States Supreme Court for more time to build their argument against the Seminole Tribe’s gaming compact with The Sunshine State. This move follows the official relaunch of Florida sports betting and West Flagler Associates’ attempt to repeal it.
The matter has become especially complex in recent months. Litigation is now unfolding on two separate fronts. There is the state level, which is at the hands of the Florida Supreme Court. And then there is the federal level, where the U.S. Supreme Court comes into play.
All the while, the Seminole Tribe has resumed retail and online sports betting operations in Florida after a hiatus that lasted roughly two years. Their relaunch has been interpreted as one of two things. There are those who believe it’s a sign of the Seminoles’ confidence in their gaming compact getting upheld. For others, it’s merely a harbinger of a process that doesn’t yet have an end in sight. And rather than wait for litigation to conclude, the Seminoles, in their eyes, have elected to make money during the interim.
Clarity on this matter can be tough to come by. Let’s shed some light on the confusion by breaking down the latest details.
West Flagler Associates Remains to Determined to Bring Florida Sports Betting Litigation to United States Supreme Court
This latest request by West Flagler Associates is being made at the federal level. After the Florida Supreme Court ruled to uphold the Seminoles’ gaming compact, elevating the matter to the U.S. Supreme Court was a natural next step.
However, as part of that push, West Flagler Associates must file a writ of certiorari. With the deadline to submit it approaching, the plaintiffs have asked to extend the date to February 9, 2024, according to Fox 4 in Southwest Florida. It isn’t immediately clear whether the request will be granted. If it is, it’s not great news for the Florida sports betting timeline. Most experts have already said the Supreme Court wouldn’t decide whether to take the case until 2024. If they aren’t even reviewing West Flagler Associates’ motion until February, it could be spring, summer or fall 2024 before they decide to take the case. And from there, it could be weeks, months or longer for them to render their own verdict.
This drawn-out timeline is why so many believe the Seminole Tribe relaunched Florida sports betting. Not only were they legally allowed to do so following the Florida Supreme Court ruling, but they clearly have time before they need to worry about a counter-ruling. “I think what happened is the Seminoles said, ‘this case isn’t going anywhere anytime soon, the state case, so we might as well start making money,’” Bob Jarvis, a law professor and gambling expert, told Fox 4.
What’s Happening at the State Level as the Florida Sports Gambling Litigation Continues?
Many viewed the Florida Supreme Court’s ruling last month as closure for this matter at the state level. It was a reasonable stance to take. They upheld the gaming compact and paved the way for sports betting in Florida to return. Appealing to the United States Supreme Court seemed like West Flagler Associates’ only play.
Apparently, it wasn’t. West Flagler Associates asked the Florida Supreme Court for a “stay” on sports betting in the state while the U.S. Supreme Court case was pending. Essentially, this means they want the state to repeal Florida sports betting until an outcome at the federal level is reached.
Entering the final week-and-a-half of November, the state court has yet to rule on this motion. Analysts, however, don’t seem to think West Flagler Associates will stand much of a chance. The Florida Supreme Court already upheld the Seminole Tribes’ gaming compact. Would they really backtrack on that logic by halting operations until the federal branch has their say?
Anything’s possible, of course. Especially in this case. Twists and turns have been the standard. But it’s tough to believe Florida online sports betting would be relaunched by the Seminoles if they thought it was going to be immediately kiboshed.
Is There Any Sense of How the Florida Sports Betting Battle will End?
You’d think after two years of this case that we’d have a firm hold of what’s to come. We don’t.
Analysts seem to agree the Seminoles will not be asked to halt Florida sports betting while the Supreme Court reviews the case. But they are more split on what will happen with the Supreme Court itself.
Will the federal branch take the case? And how will they rule? Will they uphold the Florida sports betting compact? Or will they side with the plaintiff, whose ostensibly arguing operations should be open to other casinos and even online sportsbooks in the United States?
In recent weeks, public sentiment has shifted in favor of the Seminole Tribe. But that feels like recency bias. They just picked up a big victory in the Florida Supreme Court and relaunched Florida sports betting. As numerous gambling attorneys have expressed, though, West Flagler has a real leg to stand on when appealing to the United States Supreme Court. A victory on their behalf that shuts down Florida sports betting indefinitely is not out of the question.
As for when this final decision will come, there’s no point in hazarding a guess. Answers could come at any time.
Based on how things are going now, however, we’d be shocked if the Florida sports betting battle is resolved before 2025.
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