No. 23-862

West Flagler Associates, Ltd., dba Magic City Casino, et al. v. Deb Haaland, Secretary of the Interior, et al.

Lower Court: District of Columbia
Docketed: 2024-02-12
Status: Denied
Type: Paid
Amici (2)
Tags: equal-protection federal-approval indian-gaming-regulatory-act internet-gambling online-gambling sports-betting sports-gambling tribal-lands unlawful-internet-gambling-enforcement-act
Key Terms:
AdministrativeLaw Antitrust DueProcess JusticiabilityDoctri
Latest Conference: 2024-06-13
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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: 1. 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. 2. 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. 3. 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.

Docket Entries

2024-06-17
Petition 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).
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-21
2024-05-13
Brief of respondents Deb Haaland, Secretary of the Interior, et al. in opposition filed.
2024-04-05
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2024.
2024-04-04
Motion to extend the time to file a response from April 12, 2024 to May 12, 2024, submitted to The Clerk.
2024-03-29
Supplemental brief of petitioners West Flagler Associates, Ltd., et al. filed.
2024-03-13
2024-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2024.
2024-03-05
Motion to extend the time to file a response from March 13, 2024 to April 12, 2024, submitted to The Clerk.
2024-02-19
2024-02-08
2023-12-01
Application (23A494) granted by The Chief Justice extending the time to file until February 8, 2024.
2023-11-20
Application (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.

Attorneys

Daniel Wallach
Daniel Lawrence WallachWallach Legal, LLC, Amicus
Daniel Lawrence WallachWallach Legal, LLC, Amicus
Deb Haaland, Secretary of the Interior, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Florida Gambling Opponents
Eugene E. Stearns — Amicus
Eugene E. Stearns — Amicus
West Flagler Associates, Ltd., et al.
Hamish HumeBoies Schiller Flexner LLP, Petitioner
Hamish HumeBoies Schiller Flexner LLP, Petitioner