The shuttered Bay Mills Indian Community casino in Vanderbilt, Michigan. Photo © Bay Mills News
The state of Michigan filed its opening brief in Michigan v. Bay Mills Indian Community, an upcoming U.S. Supreme Court case involving the Bay Mills Indian Community. The state went to court after the tribe opened an off-reservation casino on land that hasn't been placed in trust. The facility closed after a federal judge issued a preliminary injunction. The 6th Circuit Court of Appeals lifted the injunction last August. The decision determined that tribe can't be sued under the Class III gaming compact or the Indian Gaming Regulatory Act. Michigan is now asking the Supreme Court to rule that the tribe has waived its sovereign immunity. "When Congress enacted IGRA in 1988, there was no reason to believe that tribal sovereign immunity extended to off-reservation, commercial activity," the brief, which was filed on August 30, states. The tribe's response is due by October 24. The state will be able to file a reply. Oral arguments haven't been scheduled. Get the Story:
Attorney General Bill Schuette files brief in US Supreme Court case over Indian gaming (Mlive 9/4)
Schuette argues state has right to stop off-reservation casino in high court filing (The Detroit News 9/4)
Michigan Attorney General files brief to U.S. Supreme Court in Vanderbilt tribal casino case (The Petoskey News-Review 9/5) Relevant Documents:
Supreme Court Order List | Supreme Court Docket Sheet No. 12-515 6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012) Related Stories:
Law Article: Supreme Court to hear Bay Mills gaming lawsuit (07/18)
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