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During the lawmaking process, Full House’s exclusivity was stripped in favor of welcoming any company currently licensed as a commercial casino in the US to bid on the possible license. Lawmakers also threw in a one-time $150 million fee for the concession and a mandatory investment minimum of $500 million, all but ending Full House’s interest.

“The bill changed many times. We make money in Rising Sun. We always have, not a lot of money, but we make money. We continue to make money in Rising Sun. And we will continue to do that for our shareholders, as well as for the good of the state,” Full House CEO Daniel Lee said in March.

If any county approves its local casino referendum, the county government would be required to conduct a request for proposals and submit a winning project to the IGC.

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The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.