Here.
News coverage here, via Pechanga.
Alexander Tallchief Skibine has posted his testimony before the Senate Committee on Indian Affairs, Opinion on Indian Gaming: What Is at Stake for Tribes?. It is available on SSRN.
Here:
The Honorable Robert Odawi Porter
President
Seneca Nation of Indians, Salamanca, NY
Mr. Kevin K. Washburn
Dean, School of Law Administration
University of New Mexico, Albuquerque, NM
Mr. I. Nelson Rose
Senior Professor
Whittier Law School, Encino, CA
Mr. Alex Skibine
Professor, S.J. Quinney College of Law
University of Utah, Salt Lake City, UT
Mr. Patrick Fleming
Litigation Support Director
Poker Players Alliance, Washington, DC
Mr. Glenn Feldman
Attorney
Mariscal, Weeks, McIntyre & Friedlander, Phoenix, AZ
Here is the op/Ed, authored by
Here’s an excerpt:
Some Minnesotans refer to tribes not by their official names but by their casinos’ names, such as “Grand Casino” for the Mille Lacs Band or “Black Bear” for Fond du Lac.
Perhaps that is why many people seem to mistakenly believe that the main purpose of tribes is to operate casinos. This could not be further from reality.
Tribes are governments, with all the same duties and responsibilities that state governments have.
Minnesota is home to 11 American Indian tribal governments, whose main job is to serve the needs of our members through health care, education and other services.
Our people count on us to help them when they are sick, to prepare their children for college and careers, to make quality housing available, to care for the elderly, and to be responsible stewards of the lakes and lands on our reservations.
They want their voices heard in government, and they want to see solutions to community problems. In short, they expect their governments to meet their needs and make wise use of their resources.
Here are those materials:
BMIC Council Motion to Dismiss
BMIC Gaming Commission Motion to Dismiss
BMIC Motion to Dismiss LTBB Amended Complaint
Here is the State’s amended complaint.
Meanwhile, a Sixth Circuit panel is currently considering BMIC’s motion to strike its opponents briefs:
Here.
The [Stanford] Native American Law Students Association (NALSA) is co-sponosoring a panel at Shaking the Foundations on:
Here. An excerpt:
So, the potentially huge question for Indian country revolves around the Quiet Title Act, Fletcher said. “If the immunity barrier in the QTA can be gotten around, then much trust land recently taken into trust could be challenged by virtually anyone who is strongly opposed to trust land acquisitions. What’s remarkable about this case is the standing holding. Basically, all Patchak can prove is that he very strongly opposes Indian gaming. He’s not actually injured by it at all, other than worries about the ‘rural character’ of his community, whatever that means. Wayland and its surrounding townships long have hoped for more industry and economic growth – I know, I grew up there. So it’s just one guy for all we know who doesn’t want that. He’s pretty firmly in a tiny minority,” Fletcher said.
Gun Lake presents a number of arguments in seeking the high court’s review. Because the appeals court decision is on conflict with four other appeals court decisions in similar cases it has “opened a substantial gap” in the federal government’s sovereign immunity under the QTA from litigation challenging its title to trust or restricted Indian lands, as well as federal lands generally, the lawsuit says. If the appeals court ruling is left in place, that means anyone with a gripe could create a challenge in any case in which the federal government “claims an interest” whether it is Indian lands, national parks, public lands, easements or any other lands covered by the QTA’s terms and exceptions.
Also, because the D.C. Circuit hears almost all lawsuits against the federal government, prospective plaintiffs will now be able to “forum shop” their way around the United States’ sovereign immunity in disputes challenging the federal government’s title to land or “avoid the QTA and controlling circuit law altogether by simply filing their lawsuits in the District of Columbia,” the Gun Lake petition says.
The federal government’s petition asks the high court to consider “(w)hether (the Administrative Procedures Act) waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe,” and more directly seeks the high court’s review of the Carcieri ruling in asking “(w)hether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act.”
Among the arguments presented by the federal government in seeking the high court’s review is that the Administrative Procedure Act under which Patchak filed his lawsuit against the Interior Department does not allow an end run around the Quiet Title Act’s provision that precludes any person from seeking to divest the United States of title to Indian trust lands.
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