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Sports Betting Likely Coming to Florida – Eventually

Flag of Florida

October 13th 2023

Well actually, sports betting was available in Florida for a very short period of time via the Hard Rock sports betting app. But that was put on ice and is now being run through the court system.

There is a High Probability SCOTUS Vacates Circuit Court’s Decision: After Chief Justice John Roberts issued an order imposing a stay after the U.S. Circuit Court of Appeals for the District of Columbia this summer upheld a gambling agreement between the state and the tribe that included sports betting, Florida gaming attorney Daniel Wallach tweeted out the potential of what might happen next on the Florida sports betting front.

The Circuit Opinion is the first decision to opine that gambling conducted off Indian territory may be subject to the IGRA, according to West Flagler. The reverse has consistently been stated in all preceding case law. (quoting Artichoke Joe’s, Bay Mills, Amador County, Iipay Nation, and North County Community).

West Flagler, Inc.: “Certiorari is also likely to be granted because the Circuit Opinion raises an issue of national importance regarding the constitutionality of granting an Indian tribe a statewide monopoly over sports betting while making the same conduct a felony for everyone else”

“This is a ‘naked preference’ of the kind that correctly prompted strict scrutiny in Babbitt,” West Flagler said. Although Applicants extensively cited and discussed Babbitt in their submission, the D.C. Circuit did not even mention, much less explain, or otherwise distinguish it.

West Flagler, Florida: “There is a strong likelihood that #SCOTUS will overturn the Circuit Opinion.”

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