To date, the tribe has shared more than $126.6 million with the state and local communities following the opening of the casino in February 2011. Despite the good cheer, the development was controversial and had to overcome years of legal challenges. But Congress, with a law known as Gun Lake Trust Land Reaffirmation Act of 2014, put an end to the litigation and confirmed that the site of the casino is in trust. The matter wasn't over yet, though, as a non-Indian opponent continued to pursue his lawsuit. Finally, in February 2018, the U.S. Supreme Court, with a decision known as Patchak v. Zinke, held that Congress can protect tribal homelands from litigation. Several tribes, most notably the Mashpee Wampanoag Tribe, have since asked for similar legislation to ensure their homelands remain in trust. But the approach has generated opposition among Republican lawmakers due in part to President Donald Trump's criticism of H.R.312, the Mashpee Wampanoag Tribe Reservation Reaffirmation Act. His attack on the bill led Republicans to abandon support for H.R.312 and for H.R.375, a separate piece of legislation which ensures that all tribes, regardless of the date of federal recognition, can restore their homelands through the land-into-trust process. The federal recognition issue arose as a result of a prior Supreme Court case known as Carcieri v. Salazar. Despite widespread support in Indian Country for a "fix" to the decision, Congress has yet to take action in the decade following the February 2009 ruling, resulting in the need for piecemeal legislation like the Gun Lake Trust Land Reaffirmation Act. Both H.R.312 and H.R.375 cleared the U.S. House of Representatives, which is under Democratic control, on May 15. The outlook is uncertain in the U.S. Senate, which remains in Republican hands.👉 You have arrived! 💯
— Gun Lake Casino (@GunLakeCasino) January 19, 2019
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Patchak v. Zinke
Syllabus | Judgment [Thomas] | Concurrence [Breyer] | Concurrence [Ginsburg] | Concurrence [Sotomayor] | Dissent [Roberts] | Full Document: Patchak v. Zinke More U.S. Supreme Court Documents:
Oral Argument Transcript | Docket Sheet No. 16-498 | Questions Presented D.C. Circuit Court of Appeals Decision:
Patchak v. Jewell (July 15, 2016) U.S. Supreme Court Decision:
Patchak v. Jewell (June 18, 2012) Prior D.C. Circuit Court of Appeals Decision:
Patchak v. Salazar (January 21, 2011)
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