Amy Howe at SCOTUSBlog on Bay Mills

Here, “Opinion details: Victory for Native American tribes . . . for now?

An excerpt:

The Court acknowledged the “apparent anomaly” in the law:  although states can sue tribes for illegal gaming activity on Indian lands, they cannot sue them for the same activity off Indian lands.  “But,” the Court continued, “this Court does not revise legislation . . . just because the text as written creates an apparent anomaly as to some subject it does not address.”  And – significantly – even if the state can’t sue a tribe for off-reservation illegal gaming, it still “has many other powers over tribal gaming that it does not possess (absent consent) in Indian territory.”  Most state laws will apply to Indians off reservation, for example:  Michigan “could, in the first instance, deny a license” for an off-reservation casino; if the tribe went ahead with the project anyway, it could sue tribal officials to stop the gaming activity and, if necessary, invoke its criminal laws.  Moreover, states also could seek a waiver to allow lawsuits for off-reservation gaming activity as part of its compact with the tribe regarding on-reservation gaming.