- West Flagler Associates has officially asked SCOTUS for an extension to file a petition for a writ of certiorari
- The Florida Supreme Court’s decision on West Flagler’s state lawsuit will affect how it files a petition with SCOTUS
- West Flagler has asked for an extension until Feb. 9, 2024
West Flagler Associates is request additional time to file a petition for a writ of certiorari asking the Supreme Court of the United States to hear its Florida sports betting lawsuit.
West Flagler petitioned to have an extension until Feb. 9, 2024, from its original deadline of Dec. 11, 2023.
Counsel for West Flagler noted that its petition contents will largely depend on how the Florida Supreme Court rules on its lawsuit to strip the online sports betting language out of the Florida 2021 gaming compact.
If an extension is granted by SCOTUS, it will likely push back the proceedings by several months.
All Eyes on Florida Lawsuit
Hamish P.M. Hume, counsel for West Flagler, wrote in the extension request that if the Florida Supreme Court rules in their favor, “such ruling will impact the scope of Applicants’ petition for writ of certiorari.”
“But if the Florida Supreme Court denies or fails to rule in Applicant’s favor, the important statutory and constitutional issues raised by the Circuit Opinion would certainly remain, including the ‘serious equal protection issues’ observed by Justice Kavanaugh,” he wrote in the request.
Hume also noted the how the Florida Supreme Court rules on the petition “may potentially inform whether or how the questions raised by the Circuit Opinion are presented to this court.”
“The Florida Supreme Court’s resolution of the State Petition may be relevant to whether the reasoning of the Circuit Opinion is accepted, or whether instead the Applicants are caught in an absurd trap between two judicial systems saying inconsistent things about the nature of this Compact,” he wrote.
Timeline Potentially Pushed Back
According to Daniel Wallach, a gaming law attorney, Founder of Wallach Legal and UNHLaw Sports Wagering, if SCOTUS grants the extension is would likely push back its decision to either grant or deny West Flagler’s petition into June 2024.
If the extension request is granted, the cert decision by #SCOTUS would likely be made closer to the end of the Court's term in June 2024. For those who remember Christie v. NCAA, the cert grant was made on the last day of the Court's term, when it may have had a few open slots. https://t.co/EJ8jm7Pq9K
— Daniel Wallach (@WALLACHLEGAL) November 20, 2023
If SCOTUS denies the petition, that would be the end of the road for West Flagler with the court. However, if it decides to accept the petition, a final ruling on Florida online sports betting would likely not come until sometime in late 2025.
If the original deadline is kept, a decision on whether or not to accept the petition will likely be made in early 2024. If accepted, SCOTUS would likely make a final ruling in the first half of 2025.