DOJ Answers West Flagler's SCOTUS Appeal

Taking advantage of every moment allotted to it by the SCOTUS, the U.S. Department of Justice (DOJ) has finally responded to West Flagler's sports betting petition from Florida. In that petition, West Flagler, through its attorneys, claims that Deb Haaland, from Secretary of the Dept. of the Interior (DOI), has wrongfully ruled that Florida's Seminole Indian Tribe is entitled to the exclusive right to offer online/mobile sports betting throughout the state.

In prior rulings, lower courts first ruled the compact was invalid only to have that ruling overturned by a higher court. The new compact was signed between the Seminoles and Florida Governor Ron DeSantis in 2021. The new compact gives the Seminoles the right and ability to offer online/mobile sports betting. West Flagler, a Florida-based company that runs poker rooms in Florida, has been fighting these rulings, they themselves want access to offering sports betting in Florida. Earlier this year, they petitioned the SCOTUS to hear this case.

The DOJ Sides With DOI

This case is quite significant given what's on the line. Florida is a hotbed of residents who enjoy all forms of retail and online gambling. The assumption is there will be a substantial revenue stream available to whoever shall have the right to control online/mobile sports betting in Florida.

The DOJ's position related to this matter is quite simple. They want to prevent the SCOTUS from even hearing the case. If that were to happen, the final ruling by the District Appellate Court would stand, giving the Seminole Tribe the rights it covets. It's noteworthy that Tribal concerns have started taking online sports bets via it Hard Rock Bet sports betting platform. This started earlier this year when the Appellate Court handed down its decision.

Note: The DOJ's official decision is that the Appellate Court correctly the matter related to the validity of the new Seminole compact.

The Ramifications if SCOTUS Denies Request

If the SCOTUS takes its lead from the DOJ and decides not to hear this petition, the matter will be officially resolved on the federal side. West Flagler will have no further remedies at the federal level, leaving the Seminoles free to keep offering online sports betting services.

At the state level, West Flagler can still appeal for relief from a Florida state court. They attempted to do that earlier by going straight to the Florida Supreme Court claiming that the new compact violated the state constitution. The Florida Supreme Court responded by stating West Flagler needed to start by running in through a lower court, which would follow standard protocols.

One can only assume that is what West Flagler is going to do. They have already invested enough time and money to warrant seeing this matter through until the end.

It is possible, though not likely, that the SCOTUS will take up this matter. If they were to do that and ultimately side with West Flagler's position, it would likely have a profound effect on how Indian compacts would be treated in the future.