The Department of Justice is backing the Bay Mills Indian Community in a gaming dispute that will be heard by the U.S. Supreme Court next month.
The tribe opened an off-reservation casino without going through the land-into-trust process. The state of Michigan sued in federal court and won an order that closed the facility.
The 6th Circuit Court of
Appeals lifted the injunction and ruled that the tribe could not be sued due to sovereign immunity. DOJ's brief to the Supreme Court argues the same point.
"Petitioner has in any event failed to establish that Congress has abrogated tribal sovereign
immunity for any of its claims against respondent," the brief states.
"Indian tribes are subject to suit only when Congress abrogates (or the tribe waives) sovereign immunity, and Congress must do so unequivocally."
DOJ also argues that the state can't sue the tribe under the Indian Gaming Regulatory Act. The law applies to activity on "Indian lands" and since the land at issue isn't in trust, government attorneys say it can't be invoked in this case.
In addition to supporting the tribe with the brief, DOJ is asking for some time at oral arguments. The Supreme Court will hear the case on December 2.
Get the Story:
Tribe rebuffs state AG in Vanderbilt casino case
(The Petoskey News-Review 11/5)
$P 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:
Editorial: Don't
bet on a Bay Mills casino win at Supreme Court (10/22)