Bay Mills Ruling To Fuel New Fights Over Tribal Immunity
Law360, New York (May 27, 2014, 8:22 PM EDT) -- The U.S. Supreme Court on Tuesday handed a tribal casino operator an unexpected win by refusing to use the Indian Gaming Regulatory Act to rein in its sovereign immunity rights, but the decision kicks open the door for new battles in Congress and the lower courts over the outer limits of tribal sovereign immunity, attorneys say.
Affirming a Sixth Circuit ruling that Michigan could not use the IGRA to force Bay Mills Indian Community to shut down its off-reservation casino, the Supreme Court's 5-4 decision bolsters at least one other proposed casino's legal efforts. But while tribes are celebrating the preservation of the sovereign immunity doctrine, experts note the decision will...
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