Kinda interesting — here, via Pechanga.
gaming
MichGO v. Kempthorne a “Petition to Watch”
SCOTUSblog has listed MichGO v. Kempthorne as a petition to watch (see post here) for the January 9 conference. Here are the briefs, etc.:
Docket: 08-554
Title: Michigan Gambling Opposition v. Kempthorne
Issue: Whether Section 5 of the Indian Reorganization Act, which gives the Secretary of Interior discretion to acquire lands for Native Americans, is an unconstitutional delegation of legislative authority.
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition (federal respondents)
- Brief in opposition (Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians)
United States Files Brief in Opposition to MichGO Cert Petition
Here is the brief (courtesy of Indianz) — ussg-opposition
Motion for Reconsideration in Nebraska v. DOI et al.
As Indianz reported, the United States has moved the Southern District of Iowa to reconsider its decision reversing the government’s (specifically, NIGC) determination that the Ponca Tribe could game on its Carter Lake parcel. Here is the motion:
Gun Lake Band’s Opposition to MichGO’s Cert Petition
Is here — gun-lake-band-cert-opposition
MichGO’s cert petition is here, as are links to the lower court materials.
Seminole Tribe v. Florida House of Representatives Cert Petition
Menominee Motion for TRO Denied in Fee to Trust Challenge
The Eastern District of Wisconsin denied the Menominees motion for a TRO in their challenge to the application of the regulations on off-reservation gaming. The complaint is here.
Crosby Lodge v. NIGC — Facial Challenge to 25 CFR 522.10(c) Rejected
Crosby Lodge is licensed by Paiute Lake Indian tribe to conduct Class III gaming. Under the regulation, they owe at least 60 percent of revenues to the tribe. The company challenged the reg, and lost.
Huron Nottawaseppi Gaming News — Profile of Laura Spurr
From the Western Michigan Business Review:
The Nottawaseppi Huron Band of the Potawatomi is planning to open its FireKeepers Casino east of Battle Creek next summer.
The process of getting the land into federal trust took years, and Laura Spurr was the calm public voice of the tribe throughout. She represented the tribe with a killer sense of humor and an encyclopedic command of data.

And she can’t be bullied.
What does a tribal chairman do?
“It’s kind of similar to city or township government. We have a five-member council, all elected by the tribe, then the council selects the chairman.
“Not all tribes do it that way. Some elect the chairman directly.”
Romulus Indian Gaming News
From the Romulus Roman:
Romulus officials hope a year-long moratorium regarding the expansion of Indian gaming that was put into place by the U.S. Bureau of Indian Affairs will be lifted, or at least more flexible, under a Barack Obama administration.
City officials met with a representative from the Hannahville Indians last week, and all involved said they felt they would receive more consideration for the tribal request to build a casino in Romulus.
“I think that once there’re more Democrats in Washington, and more people who are interested in helping Michigan, we will turn this around,” said Romulus Mayor Alan Lambert.
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