Here.
The Supreme Court denied cert in Oklahoma v. Hobia, Wisconsin v. Ho-Chunk, Sac and Fox Nation v. Borough of Jim Thorpe, and Torres v. Santa Ynez Band of Chumash Indians.
The Court took no action on the Jensen v. EXC petition, perhaps because the Dollar General v. Mississippi Band of Choctaw Indians matter is pending and involves similar issues (tribal court jurisdiction over nonmembers).
Here is the brief in opposition in Wisconsin v. Ho-Chunk Nation:
Ho-Chunk Nation Cert Opposition Brief
Cert petition here.
Here:
Wisconsin v. Ho-Chunk Nation Cert Petition
Question presented:
The Indian Gaming Regulatory Act (IGRA) defines authorized Indian gaming as Class I, Class II, or Class III. 25 U.S.C. § 2703. Unlike Class III gaming, Class II is not subject to tribal-state gaming compacts. 25 U.S.C. § 2710. Class II gaming includes card games that “are not explicitly prohibited by the laws of the State.” 25 U.S.C. § 2703(7)(A)(ii)(II). Wisconsin’s Constitution prohibits the state legislature from authorizing any form of gambling, including poker. See Wis. Const., art. IV, § 24(1).
Prior to Congress enacting IGRA, the Court held that a state cannot enforce its gambling laws on Indian land when its policy toward gambling is civil and regulatory, rather than criminal and prohibitory. California v. Cabazon Band of Mission Indians,480 U.S. 202, 210 (1987). Here, the Seventh Circuit applied Cabazon to interpret IGRA. It concluded that the electronic poker offered by the Ho-Chunk Nation is Class II, not Class III, when Wisconsin’s policy toward gambling and poker is regulatory, rather than prohibitory. Under this approach, the Nation can offer e-poker in Madison, Wisconsin despite the parties’ compact, which does not authorize Class III gaming in Madison.The question presented is:
Whether Cabazon’s “regulatory/prohibitory” test that pre-dates IGRA applies to determine whether a game is Class II or Class III gaming under IGRA?
Lower court materials here.
Here.
This is an action by plaintiff State of Wisconsin (“the State”) pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d), to enjoin certain Class III gaming activities being conducted by defendant Ho-Chunk Nation (“the Nation”) at its DeJope facility in violation of the tribal-state Class III gaming compact between the parties.
Here. (pdf)
The state is asking the federal court enforce an arbitration award.
Turtle Talk 