Republican nominees decided compact negotiation case (

Thursday, April 22, 2010  

Three Republican judicial nominees on the 9th Circuit Court of Appeals decided the Class III gaming compact negotiation case this week.

Judge Milan Smith Jr., a George W. Bush nominee, wrote the majority opinion, which was joined by Judge Thomas Nelson, a George H.W. Bush nominee. They ruled that California Gov. Arnold Schwarzenegger (R) negotiated in bad faith with the Rincon Band of Luiseno Indians by making illegal demands for gaming revenues.

Judge Jay Bybee, a George W. Bush nominee, wrote a 55-page dissent. He said the majority opinion will force the state into giving into tribal demands for every gaming compact.

Schwarzenegger plans to ask the full 9th Circuit to rehear the case. The court leans liberal but that doesn't necessarily give an indication on how the judges might rule -- Bybee, for example, wrote an en banc opinion in 2006 that upheld tribal court jurisdiction.

Get the Story:
9th Circuit Rules California Broke Law in Demanding Casino Money (The Recorder 4/22)

9th Circuit Decision:
Rincon Band v. Schwarzenegger (April 20, 2010)

Earlier Story:
Schwarzenegger to ask for rehearing in compact lawsuit (4/21)
Rincon Band wins case on Class III compact negotiation (4/20)
Pauma Band awaits final ruling in gaming compact case (4/19)
Judge indicates he might invalidate Pauma casino compact (4/6)
Another California tribe wins case over slot machine cap (3/31)