Supreme Court requests DOJ's views in Bay Mills gaming litigation

Monday, January 7, 2013  

The U.S. Supreme Court is taking more time to consider a petition in Michigan v. Bay Mills Indian Community, a gaming case.

In an order today, the high court asked the Department of Justice for its views. This is the seventh time in the last couple of years that the court has taken such a step for an Indian law case.

At issue is whether the Bay Mills Indian Community violated the Indian Gaming Regulatory Act by opening a casino on a newly acquired site. The tribe's sovereign immunity is also at issue.

A federal court ordered the tribe to close the facility but the 6th Circuit Court of Appeals lifted the injunction in a decision on August 15, 2012. Michigan Attorney General Bill Schuette then asked the Supreme Court to get involved.

The tribe has not reopened the facility.

6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012)

Supreme Court considers petition in Bay Mills gaming litigation (1/4)