The U.S. Supreme Court will hear Michigan v. Bay Mills Indian Community, an Indian gaming case, on Monday. The case began when the Bay Mills Indian Community opened an off-reservation casino on land that wasn't in trust. The state of Michigan sued and won an order that forced the facility to close. The 6th Circuit Court of Appeals overturned the injunction and ruled that the tribe hadn't waived its sovereign immunity. The state asked the Supreme Court to hear the case and the justices agreed despite objections from the Department of Justice. Tribes now fear the Supreme Court will issue a negative ruling that will affect all of Indian Country. They asked the Bay Mills Indian Community to waive its immunity and urged the National Indian Gaming Commission to intervene in hopes of avoiding a disastrous decision. Neither scenario played out so it looks like oral arguments will go ahead as planned. But DOJ was granted time to argue that the tribe has not waived its sovereign immunity under the Indian Gaming Regulatory Act. IGRA authorizes lawsuits for gaming activity that occurs on "Indian lands." But since the property in question isn't in trust, DOJ says Michigan can't invoke the provision. The case will be argued first when the justice meet at 10am on Monday morning. Get the Story:
Supreme Confidence (Global Gaming Magazine 11/25) 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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