Supreme Court won't hear gaming compact cases

Thursday, April 23, 2009  

The U.S. Supreme Court has declined to hear two gaming compact cases involving tribes in California.

The Cachil Dehe Band of Wintun Indians and the Rincon Band of Luiseno Indians each signed compacts in 1999 that theoretically promised them up to 2,000 slot machines. When the tribes sought to add more machines to their casinos, they ran into opposition from the state.

The tribes went to federal court to resolve the dispute but the state claimed the cases couldn't be heard without the involvement of all of the other tribes that signed the 1999 compact. But since the tribes enjoy sovereign immunity, they couldn't be joined without their consent.

The 9th Circuit Court of Appeals rejected the state's argument in both cases. The state asked the Supreme Court to review the rulings but the justices denied the petitions in California v. Cachil Dehe Band of Wintun Indians and Schwarzenegger v Rincon Band of Luiseno Indians without comment on Monday.

A third petition, involving the San Pasqual Band of Mission Indians, is still pending before the high court.

Get the Story:
SCT Denies Cert in California Revenue Sharing Cases (Turtle Talk 4/22)

9th Circuit Decision:
Cachil Dehe Band of Wintun Indians v. California (October 24, 2008)