\nThe Government effectively concedes that if the Compact authorized gaming off Indian lands, then its approval would have violated IGRA and the Court of Appeals’ decision would have conflicted with decisions of this Court and other circuits, necessitating review and reversal by this Court,” the West Flagler brief read.<\/span><\/p>\n<\/blockquote>\n“The central IGRA question boils down to whether the Court of Appeals properly held that it could ‘interpret’ the Compact as not authorizing sports gaming off Indian lands. If it did, then no review is warranted. If it did not, then even the Government implicitly concedes that review and reversal are needed. As shown in the Petition, the Court of Appeals’ purported ‘interpretation’ of the Compact was nothing more than an effort to uphold an IGRA approval that was plainly unlawful,” the brief continued.<\/span><\/p>\n\n
State attorneys, as well as counsel with the federal government, argue that since the Seminole Tribe’s online sportsbook computer servers remain on tribal land, the facilitation of remote sports bets doesn’t run afoul of the IGRA. They assert that the gambling is still taking place on tribal land because the bet isn’t facilitated until it reaches the servers.<\/span><\/p>\n<\/div>\n“This is absurd,” West Flagler’s brief responded. “The substance is that the Court of Appeals upheld the IGRA approval of a Compact that adopted a transparent device that was intended to use an IGRA compact to authorize gambling off Indian lands by pretending that it occurred on Indian lands.”<\/span>\u00a0<\/span><\/p>\n