Justice Brett Kavanaugh was shut down by his Supreme Court colleagues over a case challenging online sports gambling.

In Monday’s order list, the court denied a petition of writ from West Flagler Associates and Bonita-Fort Myers Corporation—two rival gaming competitors—asking the justices to invalidate a compact made between the Seminole Tribe of Florida and Governor Ron DeSantis that gave the tribe exclusive rights to run mobile sports wagering and casino gambling in Florida.

But while the majority of justices chose to end the legal fight over the compact, Kavanaugh, who previously made comments suggesting he saw merit in the case, voted to grant the petition. Because the Supreme Court requires at least four justices to grant certiorari in order to take up a case, Kavanaugh’s sole vote is not enough for oral arguments to be granted in the Florida case.

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