Indian Gaming

The Obama administration is supporting the Bay Mills Indian Community in a gaming dispute with the state of Michigan.

The tribe opened a casino on land that was acquired in connection with a land claim settlement. 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.

The tribe has not reopened the casino. Nevertheless, Michigan Attorney General Bill Schuette is asking the U.S. Supreme Court to hear the dispute.

The Department of Justice, however, believes there is no need to review the 6th Circuit's decision. Government attorneys say the first three counts in the lawsuit were properly dismissed under the Indian Gaming Regulatory Act.

The casino site hasn't been placed in trust and the National Indian Gaming Commission has concluded that the site does not meet the definition of "Indian lands" in IGRA, the brief from DOJ's Office of Solicitor General states.

The 6th Circuit also concluded that the tribe enjoys immunity from the lawsuit. As a result, three other counts in the state's lawsuit were properly dismissed, government attorneys say.

Turtle Talk has posted DOJ's brief in Michigan v. Bay Mills Indian Community. It was filed with the Supreme Court on Tuesday, according to Docket Sheet No. 12-515.

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

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Supreme Court requests DOJ's views in Bay Mills gaming litigation (01/07)