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Opinion: NIGC holds responsibility in Supreme Court casino case

With a case of potentially catastrophic consequence for Indian country now pending before the U.S. Supreme Court, all of the players who can possibly prevent the disaster are either sitting on their hands or pointing fingers.

The National Indian Gaming Commission has failed to act, citing a woefully incorrect legal opinion regarding its enforcement authority and the unfortunately timed departure of former NIGC Chairwoman Tracie Stevens. The Department of Justice sits publicly idle, too, despite its own civil enforcement power. Then there is Department of the Interior, whose Solicitor has written less than stellar lands opinion of her own, and whose Assistant Secretary for Indian Affairs simply blames the Bay Mills Indian Community for “put[ting] us in this position.” Meanwhile, the National Indian Gaming Association says that it is Interior who must take action “to moot the case and prevent a negative Supreme Court decision,” while completely turning a blind eye to the NIGC.

Indian country’s political representative organzations must stop passing the buck and recognize that it stops with the NIGC. Acting Chairman Jonodev Chaudhuri is mandated by federal law to “perform the functions and duties” of the Chairman pursuant to 5 U.S.C. § 3345.