SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

Here is today’s order list.

Here are the cert stage materials.

Ninth Circuit Briefs in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California


State Opening Brief

Counties Amicus Brief

Union Amicus Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

Federal Court Rejects Texas’ Effort to Stop Alabama-Coushatta Bingo

Here are the materials in State of Texas v. Alabama-Coushatta Tribe of Texas (E.D. Tex.):

160 Texas Motion for Contempt

161 Tribe Response

162 Reply

163 Surreply

193 Magistrate Order

Prior post here.

Eighth Circuit Decides City of Council Bluffs v. Dept. of the Interior [Ponca Gaming]

Here is the opinion.

An excerpt:

In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.

Briefs here.

Lower court materials here.

Clay v. Commissioner of Internal Revenue [Federal Taxes on Gaming Per Capita Payments]


Cert Petition

Question presented:

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.

Federal Suit(s) Filed against Seminole Gaming Compact [updated]

Here are relevant materials in West Flagler Associates Ltd. v. Haaland (D.D.C.):

1 Complaint

1-1 Seminole Compact

1-6 Interior Letter

Update (10/14/21)

13 Seminole Motion

19 WF Motion for Summary J

22 WF Opposition to 13

24 Seminole Reply in Support of 13

25 Federal Motion to Dismiss

Here are materials in West Flagler Associates Ltd. v. DeSantis (N.D. Fla.):

1 Complaint

18 First Amended Complaint

21 Seminole Motion to Intervene and Dismiss

22 Desantis Motion to Dismiss

26 WF Response to 20

27 WF Response to 22

33 Desantis Reply in Support of 20

34 WF Motion for Summary J

Federal Court (again) Rejects Stand Up’s Claims against Interior and North Fork Rancheria

Here are the materials in Stand Up for California! v. Dept. of Interior (E.D. Cal.):


77-1 Interior MSJ

79 Tribe MSJ

80 SUFC Opposition

81 Interior Reply

81 Tribe Reply

89 DCT Order

Prior posts here and here.