Three Republican judicial nominees on the 9th Circuit Court of Appeals decided the Class III gaming compact negotiation case this week.
Judge Milan Smith Jr., a George W. Bush nominee, wrote the majority opinion, which was joined by Judge Thomas Nelson, a George H.W. Bush nominee. They ruled that California Gov. Arnold Schwarzenegger (R) negotiated in bad faith with the Rincon Band of Luiseno Indians by making illegal demands for gaming revenues. Judge Jay Bybee, a George W. Bush nominee, wrote a 55-page dissent. He said the majority opinion will force the state into giving into tribal demands for every gaming compact. Schwarzenegger plans to ask the full 9th Circuit to rehear the case. The court leans liberal but that doesn't necessarily give an indication on how the judges might rule -- Bybee, for example, wrote an en banc opinion in 2006 that upheld tribal court jurisdiction. Get the Story: