Supreme Court of the United States · Official docket →
West Flagler Associates, Ltd., dba Magic City Casino, et al. v. Deb Haaland, Secretary of the Interior, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5265 · judgment June 30, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Florida Constitution prohibits casino gambling, including sports gambling, absent a citizen’s initiative—unless it occurs “on tribal lands” pursuant to a compact between the State and an Indian tribe that has been approved under the Indian Gaming Regulatory Act (“IGRA”). In April 2021, Florida and the Seminole Tribe executed a Compact that, among other things, provides for the Tribe to offer sports betting over the internet to people located anywhere in Florida, including locations that are not on tribal lands, by “deeming” online sports bets placed off tribal lands to have been made on tribal lands. The Secretary of the Interior allowed that compact to be approved under IGRA, and the D.C. Circuit upheld that approval. The questions presented are:
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Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.
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Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.
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Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.
Counsel of record
For petitioner
Hamish Hume
Boies Schiller Flexner LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 17 2024Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 21 2024Reply of petitioners West Flagler Associates, Ltd., et al. filed.
- May 13 2024Brief of respondents Deb Haaland, Secretary of the Interior, et al. in opposition filed.
- Apr 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
- Apr 04 2024Motion to extend the time to file a response from April 12, 2024 to May 12, 2024, submitted to The Clerk.
- Mar 29 2024Supplemental brief of petitioners West Flagler Associates, Ltd., et al. filed.
- Mar 13 2024Brief amici curiae of Florida Gambling Opponents filed.
- Mar 06 2024Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
- Mar 05 2024Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
- Feb 19 2024Brief amicus curiae of Daniel Wallach filed.
- Feb 08 2024Petition for a writ of certiorari filed. (Response due March 13, 2024)
- Dec 01 2023Application (23A494) granted by The Chief Justice extending the time to file until February 8, 2024.
- Nov 20 2023Application (23A494) to extend the time to file a petition for a writ of certiorari from December 10, 2023 to February 8, 2024, submitted to The Chief Justice.