Acting against the advice of the Obama administration, the U.S. Supreme Court today agreed to hear off-reservation gaming dispute involving the Bay Mills Indian Community of Michigan. The tribe opened a casino on land that was acquired in connection with a land claim settlement. A federal judge ordered the tribe to close the facility but the 6th Circuit Court of Appeals lifted the injunction in a decision on August 15, 2012. The tribe has not reopened the casino. Nevertheless, Michigan Attorney General Bill Schuette convinced the Supreme Court to hear the case even after the Department of Justice recommended against doing so. The case will be heard during the court's October 2013 term. Full statement from Chairman Kurt Perron, the chairman of the Bay Mills Indian Community follows:
The Bay Mills Indian Community is deeply concerned by the U.S. Supreme Court’s decision to review this case as it is in any case where it appears the Court may examine the doctrine of tribal sovereign immunity. We remain confident that the nation’s highest Court will agree with our position. Q: What is next? A: The Tribe will be preparing its arguments to convince the Court of the correctness of the decision by the Sixth Circuit Court of Appeals. BACKGROUNDRelevant Documents:
Michigan Indian Land Claims Settlement Act The Bay Mills Indian Community received funds from the Michigan Indian Land Claims Settlement Act of 1997 and purchased property in Vanderbilt. Any land purchased with the land claim money becomes a tribal reserve and thus can be the site of a tribal casino.
Supreme Court Order List | Supreme Court Docket Sheet No. 12-515 6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012)
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