Florida Sports Betting Case Causes Supreme Court Consternation

By Matt Speakman,
Betting Expert at online-gambling.com

Matt Speakman Betting Expert at online-gambling.com

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Last updated: May 18, 2024

The Supreme Court may need to soon look at a case regarding sports betting in Florida, though some on the Court maintain that this particular case is not for a federal court to decide. The issue comes down to a disagreement about how sports betting licensing in Florida is currently offered.

So far, the US Department of Justice (DoJ) has responded to the idea of taking the case to the Supreme Court by stating that they do not believe the court has jurisdiction in this area. Though this is not necessarily the last word on the matter, the DoJ’s filing does have strong implications for the future of the case.

History of the Case

Before the DoJ’s filing, an initial writ of certiorari was filed by the legal representatives West Flagler and Associates, otherwise known as WFA. WFA asserted that the case, which deals with pari-mutuel betting in Florida, should be seen by the Supreme Court.

The compact at the heart of the matter is between the Seminole Tribe of Florida and the State of Florida and dates to 2021. The DoJ line of argument is that the compact is outside of federal jurisdiction, since it is at the very least a state matter. Furthermore, the DoJ asserts that the compact is legal, so there should not be an issue in the first place.

There are three main concerns which were flagged by WGA regarding the compact. They essentially boil down to whether Florida was right in giving the Seminole Tribe exclusive rights to online sports betting in the state. At question is whether this violates the IGRA, UIGEA and the Fifth Amendment’s equal-protection clause.

After being given the digital betting reins, the Seminole Tribe started offering online betting via a Hard Rock Bet collaboration starting in last 2023. In person betting has followed with many games available.

DoJ’s Ruling

According to the DoJ, none of the three laws have been violated by the agreement, since the IGRA says that the state may make these decisions with the tribe directly. Furthermore, Florida voters voted in favour of online gaming reform and expansion in 2018 with Amendment 3. This vote paved the way for the online gaming agreement we see in Florida now.

There is one fly in the ointment however. There was no public vote when it came to the compact itself, which Governor Ron DeSantis first approved before it was finally approved by legislators. This could be one matter the WFA hangs its argument on, but it is still unclear whether this is actionable.

US District Court Weighs In

WFA did get one win on their roster so far. A US District Court sided with them. However, Florida’s Supreme Court refused the case, and Justice Brett Kavanaugh of SCOTUS has insinuated that the same would happen with the federal Supreme Court.