The U.S. Supreme Court will hear Michigan v. Bay Mills Indian Community, an Indian gaming case, on December 2. The case will determine whether the Bay Mills Indian Community can be sued by the state of Michigan for operating an off-reservation casino. The facility, which has remain closed since March 2011, is located on land that hasn't been placed in trust. The 6th Circuit Court of Appeals ruled that the tribe didn't waive its sovereign immunity through its Class III gaming compact or through federal law. The state, however, is arguing that tribal immunity does not extend to "off-reservation, commercial activity." The state filed its opening brief on August 30. The tribe's response is due October 24. Seventeen states have filed briefs in support of Michigan. No tribal interests briefs have been filed so far. 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) Related Stories:
Dave Palermo: NIGC crucial in upcoming Supreme Court case (9/16)
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