5th Circuit won't rehear Class III procedures case

Tuesday, December 4, 2007  

The 5th Circuit Court of Appeals has refused to reconsider its ruling that invalidated the Interior Department's authority to issue Class III secretarial procedures.

In August, a three-judge panel of the court blocked Interior from allowing the Kickapoo Tribe of Texas to offer some Class III games. The Bush administration stepped in because Texas refuses to negotiate a compact.

But the court said the Indian Gaming Regulatory Act doesn't allow the federal government to cut Texas out of process because the state was never found to be in "bad faith."

The Department of Justice sought a rehearing by a full panel of the court. The Jena Band of Choctaw Indians, the Poarch Band of Creek Indians, the Coquille Indian Tribe, the Rincon Band of Luiseno Indians, the Shoalwater Bay Tribe, the Spokane Tribe of Indians and the Standing Rock Sioux Tribe filed a brief in support.

On November 28, the 5th Circuit refused the request. The Bush administration now has 90 days to petition the Supreme Court to review the case.

Get the Story:
Kickapoos lose legal round, raise prospect of expanding gambling anyway (The Austin American-Statesman 12/4)