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By Mae Slater on
 June 19, 2024

Supreme Court Declines Florida Online Betting Case, Brett Kavanaugh's Objections Shut Down

The United States Supreme Court has decided not to hear the case regarding Florida's authorization for the Seminole Tribe to conduct online sports betting.

The decision to leave lower federal court rulings intact has significant implications for the regulation of online gaming nationwide. Newsweek reported that one justice, Brett Kavanaugh, voted to grant the petition but couldn't sway any of his colleagues to his side.

On Monday, the US Supreme Court declared that it would not review the case West Flagler Associates, Ltd., et al., v. Deb Haaland, Secretary of the Interior, et al. This decision effectively confirms the previous rulings by lower federal appeals courts, which permitted Florida to allow the Seminole Tribe to engage in online sports betting activities.

The legality of Florida Governor Ron DeSantis and the state legislature's decision to let the Seminole Tribe conduct online sports betting was contested in this case. The dispute centered on whether such authorization was permissible under federal and state laws.

In a seven-to-one vote, the Supreme Court justices decided against hearing the case, thereby dismissing it. Justice Ketanji Brown Jackson abstained from voting due to her prior involvement in the matter.

Justice Kavanaugh's Lone Support

Justice Brett Kavanaugh was the only Supreme Court justice to vote in favor of taking the case.

His stance was fortified by the support he received from the Bonita-Fort Myers Corporation. Nevertheless, to review a lower court's decision, the support of at least four justices is necessary, which was not achieved in this instance.

As a result, the previous ruling by the lower court stands, which upholds the contested compact. This agreement has been a subject of intense debate since its inception.

The plaintiffs argued that the 2021 compact flouted the federal Indian Gaming Regulatory Act (IGRA).

This act governs gambling operations on tribal lands and does not allow for activities taking place off those lands.

Florida lawmakers passed legislation permitting online sports bets to be placed via servers located on Seminole land. The Department of the Interior (DOI) endorsed this compact, maintaining that IGRA does not constrain mentions of activities outside tribal lands.

The DOI's stance was that the federal law does not prohibit gaming agreements from addressing topics beyond the scope of Indian lands. This allowance has opened the door for states and tribes to engage in mutually beneficial gaming compacts.

The plaintiffs' attorneys, on the other hand, were highly critical of the Interior Department’s justification. They referred to it as “absurd,” emphasizing that the law should not allow any form of gambling off Indian lands by simply "pretending" it occurred on those lands.

Implications for Future iGaming Efforts

Legal experts predict that the Supreme Court's decision will pave the way for more tribes to seek opportunities in online gaming.

Stephen Hart, an expert in gaming laws, commented on the ruling, noting its potential benefits for tribal gaming operations.

Hart explained that with the Supreme Court's refusal to hear the case, there are no remaining barriers preventing tribes from conducting sports betting and internet gaming from their servers located on Indian lands. As long as these activities are done with state cooperation through established compacts, the legal path appears clear.

This development will likely encourage more states to negotiate similar compacts with federally recognized tribes.

Over two dozen states currently have such agreements in place, and this number may increase as tribes look to expand their gaming operations into the ever-growing online market.

According to Hart, the key to successful online gaming and sports betting operations will be the collaboration between tribes and state governments. This cooperative approach will ensure compliance with both federal and state regulations, facilitating smoother operations.

Overall, the decision by the Supreme Court to not intervene in the case underscores the importance of state-level governance in regulating gaming activities. It also highlights the potential for expanding online gaming industries within the regulatory frameworks established by states and tribal governments.

With this ruling, it's expected that more tribes will pursue similar agreements, leveraging their sovereign status and partnerships with state governments to expand their gaming ventures nationally.

Conclusion

The Supreme Court's refusal to hear West Flagler Associates, Ltd., et al., v. Deb Haaland, Secretary of the Interior, et al., is a notable event in the ongoing evolution of online gaming regulations.

By not taking the case, the Supreme Court has acknowledged the authority of lower federal courts and the state of Florida’s decision to permit the Seminole Tribe's online sports betting operations.

This move is anticipated to encourage more tribes to explore and secure online gaming opportunities, fostering a landscape of iGaming that necessitates state and tribal partnerships to thrive. Legal experts and stakeholders will undoubtedly watch closely as the effects of this decision unfold across the nation.

Written By:
Mae Slater

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