Litigation | Openings & Closings

9th Circuit won't rehear Tohono O'odham Nation gaming case

Tuesday, May 24, 2016

Patrons waited in long lines on December 20, 2015, for the opening of the Desert Diamond Casino – West Valley in Glendale, Arizona. Photo from Facebook

Another Indian gaming case could be headed to the U.S. Supreme Court.

In March, the 9th Circuit Court of Appeals ruled that the Tohono O'odham Nation can use newly acquired lands for a casino. The unanimous decision came after the tribe opened the Desert Diamond West Valley Casino and Resort in Glendale, Arizona, in December.

Two of the losing parties -- the Gila River Indian Community and the Salt River Pima-Maricopa Indian Community -- weren't happy with the result so they asked the court to rehear the case. But their request was denied last Thursday.

The development sets the stage for a possible appeal to the Supreme Court. If that happens, the case would join a slew of Indian gaming petitions that have been presented to the justices.

Indianz.Com SoundCloud: 9th Circuit Court of Appeals Oral Arguments in Arizona v. Tohono O'odham Nation

According to a list kept by the Tribal Supreme Court Project, five petitions in Indian gaming cases are pending. That's in addition to two that were already rejected by the justices.

The large number is unusual in that the high court almost never accepts Indian gaming cases. In the last 15 years, there have only been two: Michigan v. Bay Mills Indian Community from May 2014 and Chickasaw Nation v. US from November 2001.

Of the five pending petitions, two present Class III negotiation issues specific to the Pauma Band of Luiseno Indians in California. They are California v. Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation and Pauma Band of Mission Indians v. California.

Another is a very specific case affecting the Seneca Nation of New York. The petition in Citizens Against Casino Gambling in Erie County v. Chaudhuri has in fact been listed three times for consideration, a sign of the hands-off approach the court has taken with respect to tribal gaming.

The other two petitions involve high-profile disputes between tribes and the National Labor Relations Board. Both Little River Band of Ottawa Indians Tribal Government v. NLRB and Soaring Eagle Casino and Resort v. NLRB have drawn significant attention in Indian Country but that doesn't necessarily mean they will be heard by the justices.

The court previously rejected petitions in two other Indian gaming cases: Oklahoma v. Hobia and Wisconsin v. Ho-Chunk Nation.

9th Circuit Court of Appeals Decision:
Arizona v. Tohono O'odham Nation (March 29, 2016)