The shuttered Bay Mills Indian Community casino in Vanderbilt, Michigan. Photo © Bay Mills News
The Department of Justice will be participating in oral arguments for Michigan v. Bay Mills Indian Community, an Indian gaming case that will be heard by the U.S. Supreme Court next month. The justice granted DOJ's request for time in an order on Monday. The hearing takes place December 2. The main issue is whether the state of Michigan can sue the Bay Mills Indian Community for opening an off-reservation casino on land that has not yet been placed in trust. DOJ argues 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. 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:
Opinion: Preparing for outcomes in Supreme Court casino case (11/08)
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