Bay Mills Indian Community, Council Members, and Gaming Commission Motions to Dismiss Amended State/LTBB Complaints

Here are those materials:

BMIC Motion to Dismiss

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:

Referral of Motion to Strike

Bay Mills Indian Community Reply Briefs in Vanderbilt Casino Sixth Circuit Appeal

Here:

BMIC Reply

BMIC Motion to Strike Appellee Briefs

Appellee Briefs in State of Michigan v. Bay Mills Indian Community (CA6)

Here:

LTBB Appellee Brief

State of Michigan Appellee Brief

 

Here is a pic of the now-shuttered BMIC Vanderbilt Casino:

And some lovely intertribal rhetoric:

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Sixth Circuit Grants En Banc Review of Affirmative Action Decision

Not surprisingly, the Sixth Circuit granted en banc review of the Coalition to Defend Affirmative Action v. Regents of the University of Michigan decision, which struck down Prop. 2, Michigan’s anti-affirmative action constitutional amendment.

The order is here.

News coverage here.

Opening Brief in Bay Mills Appeal to the Sixth Circuit re: Vanderbilt Casino

Here:

BMIC Opening Brief in CA6 Appeal

Sixth Circuit Panel Strikes Down Michigan’s Prop. 2 (Anti-Affirmative Action Statute)

Here is today’s opinion in Coalition to Defend Affirmative Action v. Regents of the University of Michigan.

An excerpt:

Proposal 2 is a successful voter-initiated amendment to the Michigan Constitution. In relevant part, it prohibits Michigan’s public colleges and universities from granting “preferential treatment to[] any individual or group on the basis of race, sex, color, ethnicity, or national origin.” Mich. Const. art. I, § 26. Our task is to determine whether Proposal 2 is constitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Fortunately, the slate is not blank. The Supreme Court has twice held that equal protection does not permit the kind of political restructuring that Proposal 2 effected. See Washington v. Seattle Sch. Dist. No. 1, 458 U.S. 457 (1982); Hunter v. Erickson, 393 U.S. 385 (1969). Applying Hunter and Seattle, we find that Proposal 2 unconstitutionally alters Michigan’s political structure by impermissibly burdening racial minorities. Accordingly, we REVERSE the district court’s grant of summary judgment for the Defendants-Appellees and order the court to enter summary judgment in favor of the Plaintiffs-Appellants.

Sixth Circuit Briefing on Bay Mills Indian Community Motion to Stay Injunction Pending Appeal

Here are those briefs (so far):

BMIC Motion to Stay Injunction

LTBB Response to BMIC Motion

State of Michigan Response to BMIC Motion

News article here (via Pechanga).

Sixth Circuit Vacates Sentence of Nottawaseppi Huron Band Potawatomi Member in Sex Offense Case

Here is the opinion in United States v. Mackety.

NYTs: Sixth Circuit “Most Dysfunctional Federal Appeals Court in the Nation”

Here is a link to the article. And links to the materials in the underlying complaint here and here (from How Appealing).

An excerpt from the article:

The Belle Meade Country Club in Nashville has about 600 voting members. None of them are women, and none of them are black. But one of them is a federal judge.

In a confidential 10-to-8 decision last month, the Judicial Council of the Sixth Circuit, which hears misconduct complaints about federal judges in Tennessee and three other states, said the judge could keep his membership at Belle Meade.

The ruling opens windows on two odd institutions. One is a fading country club that was once an arbiter of success in Nashville’s social, political and business circles. The other is the United States Court of Appeals for the Sixth Circuit, which sits in Cincinnati and is surely the most dysfunctional federal appeals court in the nation.

“The record before this court paints a picture of Belle Meade as an old boys’ club that considers and admits Caucasian male applicants on a different basis than African-American and female applicants,” Judge R. Guy Cole Jr. wrote in a dissent from last month’s ruling. “We federal judges must sometimes make sacrifices for the honor of the office we hold, and the judge’s membership in Belle Meade should have been one of them.”

Sixth Circuit Rejects Challenge to Michigan Gaming Control Act and Detroit Gaming Monopoly

Here is the opinion in Northville Downs v. Governor.

Briefs and lower court materials are here and here.