U.S. Supreme Court grants extension for government response in Florida online sports betting case

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The U.S. Supreme Court has approved an extension for the U.S. Department of the Interior (DOI) to submit its response in a case that could have significant implications for the future landscape of online sports betting in Florida.

Solicitor General Elizabeth Prelogar requested the extension on Tuesday, citing the heavy workload faced by attorneys handling the matter. The original deadline for the DOI’s response was slated for March 13, but with the extension granted, the new deadline is April 12.

The case revolves around parimutuel operator West Flagler and Associates (WFA)’s contention that the current state of affairs in Florida for sports betting is unlawful. WFA has urged the court not to set a precedent that other U.S. jurisdictions might follow. At the heart of the matter is Florida’s Seminole Tribe’s gaming monopoly, which was expanded to include retail and online sports betting by Governor Ron DeSantis and the state legislature in May 2021 through a newly approved compact.

The validity of this compact is being questioned in light of Amendment 3, which was approved by Florida voters in 2018. This amendment stipulates that any expansion of gaming must be approved by the voters. WFA has initiated a separate lawsuit against Governor DeSantis and the legislature on this basis in the state supreme court. As of now, the Florida Supreme Court has yet to decide whether it will hear this case.

WFA filed a writ of certiorari last month, triggering the DOI’s forthcoming response. Once the response is submitted, the Supreme Court will begin considering whether to accept the case. However, legal experts familiar with the Supreme Court’s operations suggest that the likelihood of the court accepting the case is low, given its limited capacity to review a fraction of the cases presented to it annually.

Meanwhile, the Seminole Tribe’s Hard Rock Bet platform has already gone live in Florida, allowing residents of the state to engage in sports betting activities. The platform saw its inaugural Super Bowl last month and is gearing up for the upcoming March Madness tournament. The Seminole Tribe had initially launched online sports betting last November before rolling out brick-and-mortar sportsbooks for betting in December.

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