The Prairie Law Blog recently posted an update to the "Baby Veronica"
case regarding the claims of the child's adoptive parents to collect
attorneys' fees from the birth father and the Cherokee Nation, and the
arguments of the Cherokee Nation that tribal sovereign immunity bars
their claim for fees. The post is available both here and here.
Tribal sovereign immunity is also at issue in the pending U.S. Supreme Court case, Michigan v. Bay Mills Indian Community, in which oral arguments were just heard on Dec. 2. (A transcript of the oral arguments is available here.)
The case involves a gaming facility operated by the Bay Mills Indian
Community (Bay Mills) near its reservation in Northern Michigan and in
close proximity to another facility operated by the Little Traverse Bay
Bands of Odawa Indians (LTBBO). The LTBBO and the State of Michigan
sought to enjoin operation of the facility, as Bay Mills had not
followed the formal process of first placing the off-reservation lands
into trust. While the U.S. Court of Appeals for the Sixth Circuit ruled
in favor of Bay Mills and continued operation of the facility, the case
was successfully brought to the U.S. Supreme Court by the State of
Michigan. Indian Country Today has published several articles regarding
this case, including a two-part series by Ryan Seelau and Ian Record
which contains a detailed analysis of the legal issues presented as well
as four speculated possible outcomes of the case. Those two articles
are available here and here.
According
to Seelau and Record, Bay Mills' defense rests on complex issues
involving jurisdiction, tribal sovereign immunity and the Indian Gaming Regulatory Act (IGRA).
When the Supreme Court issues its decision, it will have a great impact
on the tribal sovereign immunity doctrine. Due to the far-reaching
implications of the case, Seelau and Record offer suggestions on how
tribes can begin preparing now for possible outcomes.
In
addition to the law library's resources on tribal sovereign immunity,
the law library also has several resources which focus on the Indian
Gaming Regulatory Act and gaming policy:
Indian Gaming Law and Policy / By Kathryn R.L. Rand and Steven Andrew Light
Indian Gaming and Tribal Sovereignty: The Casino Compromise / By Steven Andrew Light and Kathryn R.L. Rand
States and the Indian Gaming Regulatory Act / By Pam Greenberg and Judy Zelio
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