Tribal Amicus Brief Supporting Kickapoo v. Texas Cert Petition

Several tribes — Jena Band of Choctaw Indians, Alabama-Coushatta Tribe of Texas, Citizen Potawatomi Nation, Coquille Indian Tribe, Rincon Band of Luiseno Indians, Shoalwater Bay Indian Tribe, Spokane Tribe of Indians, Standing Rock Sioux Tribe — filed a joint amicus brief supporting the Kickapoo Tribe’s cert petition over the Secretarial procedures for establishing Class III gaming compacts, a rule struck down by the Fifth Circuit a few months ago. Here is the Tribal Amicus Brief. Here is the link to the Kickapoo cert petition. The State’s cert opposition is due later this month.

It is significant, of course, that the United States did not file a cert petition.

Kickapoo v. Texas Cert Petition

The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.”

There is no serious chance the Court will grant cert in this case, unless the United States also files a petition. Even then, this is a likely case of first impression, a death knell for cert petitions.

Really, I should get out of the certiorari prediction business….

Texas v. United States Materials (Corrected)

Here are the briefs in the Texas v. United States case re: the Class III Procedures.

Brief of Appellant

United States Brief

Kickapoo Brief

Reply Brief

The opinion is here: Opinion

Florida, the Seminoles, and the Class III Procedures

From Indianz:

Florida threatens suit over Class III procedures

Florida Attorney General Bill McCollum said he will sue the Interior Department if it issues Class III procedures for the Seminole Tribe. McCollum cited a 5th Circuit Court of Appeals decision that invalidated the Class III secretarial procedures. He said Interior can’t force a state to accept Class III gaming over the state’s objections. “They can put all they want in a letter to the governor, but I don’t think they can act on it,” McCollum told The Miami Herald. Interior says it will authorize the tribe to offer slot machines unless the state can reach a compact by November 15. The tribe and the state say they are near an agreement.

Get the Story:
State to sue feds if Seminole Tribe is given slots (The Miami Herald 11/8)