The National Congress of American Indians is urging the National Indian Gaming Commission to take action to prevent a negative ruling in Michigan v. Bay Mills Indian Community, an upcoming U.S. Supreme Court case. NCAI President Jefferson Keel said the NIGC can issue a closure order to the Bay Mills Indian Community of Michigan. That would make the Supreme Court case moot, he said in a letter to outgoing NIGC Chairwoman Tracie Stevens. "NIGC jurisdiction over these decisions is significantly preferable to a broadly worded Supreme Court decision granting state governments the ability to override tribal sovereign immunity and bring separate legal actions regarding the land status of tribal gaming operations," Keel said in the letter. The Bay Mills Indian Community opened an off-reservation casino on land that has not been placed in trust. The facility has been since closed ever since a federal judge granted a preliminary injunction that was requested by the state of Michigan. The 6th Circuit Court of Appeals, however, lifted the injunction last August. The decision determined that tribe can't be sued under the Class III gaming compact or the Indian Gaming Regulatory Act. The state is now asking the Supreme Court to overturn the decision. The outcome could prove disastrous for tribal interests. "The Court has not been a good forum for Indian tribes in recent years," Keel noted in his letter. Relevant Documents:
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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