Over the objections of the Bush administration and several states, the U.S. Supreme today refused to hear a dispute affecting the use of electronic casino machines in the $14 billion Indian gaming industry.
Without comment, the justices turned down appeals of two decisions that were
favorable to tribal interests. The Department of Justice sought review of the cases,
claiming that regulation of Indian gaming was at risk.
The move allows the Santee Sioux Tribe of Nebraska to continue offering an electronic machine similar to pull-tabs. The government claimed the machines were illegal without a tribal-state compact, which Nebraska refuses to negotiate.
Another machine was at issue in a case involving two Oklahoma tribes and a Wyoming tribe. But that machine is no longer in use and is no longer manufactured.
Still, the rejection of both cases ensures that the electronic aids to Class II games such as bingo and pull-tabs are indeed Class II games. Government lawyers argued that machines resembling slot machines should be classified as Class III.
The cases were U.S. v. Santee Sioux Tribe, No. 03-762, and
U.S. v. Seneca-Cayuga Tribe, No. 03-740.
Order List:
Supreme Court (March 1, 2004)
Relevant Documents:
Petition: U.S. v.
Santee Sioux Tribe | Petition: U.S. v. Seneca-Cayuga
Tribe
Docket Sheets:
U.S. v.
Santee Sioux Tribe | U.S. v.
Seneca-Cayuga Tribe
Lower Court Decisions:
U.S.
v. Santee Sioux Tribe (March 20, 2003) | Seneca-Cayuga
Tribe of Oklahoma v. National Indian Gaming Commission (April 17, 2003)
Relevant Links:
The Santee Sioux Tribe - http://www.santeedakota.org
National Indian Gaming Commission - http://www.nigc.gov
Related Stories:
Neb. tribe calls for rejection of gaming
dispute (02/13)
Supreme Court
hears from states in gaming case (01/29)
Tribal leaders share views on threats to
sovereignty (01/20)
Calif. tribes
meet challenges to gaming rights (1/15)
Bush briefs sound alarm on Indian gaming
regulation (11/25)
Supreme Court
asked to rule on Indian gaming (09/30)
NIGC resolves status of company's casino
machine (09/24)
Hogen says
Okla. tribes skirting federal gaming law (05/19)
Appeals court says game is legal Class
II (04/21)
Appeals court
upholds Santee casino games (3/20)
Casino company loses Indian gaming
suit (09/11)
Santee Sioux
leaders found in contempt of court (6/22)
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