Supreme Court Says Mich. Can't Block Indian Casino
Headline Legal News
A divided Supreme Court ruled Tuesday that Michigan can't block the opening of an off-reservation American Indian casino because the state's legal challenge is barred by tribal sovereign immunity.
In a 5-4 decision, the high court said the state could not shutter the Bay Mills Indian Community's casino about 90 miles south of its Upper Peninsula reservation.
The ruling was a win for Indian tribes, which have increasingly looked to casinos as a source of revenue and have relied on immunity to shield them from government interference. But it's a disappointment for Michigan and more than a dozen others states that say the decision will interfere with their ability to crack down on unauthorized tribal casinos.
Michigan argued that the Bay Mills tribe opened the casino in 2010 without permission from the U.S. government and in violation of a state compact. The tribe had purchased land for the casino with earnings from a settlement with the federal government over allegations that it had not been adequately compensated for land ceded in 1800s treaties.
Writing for the majority, Justice Elena Kagan said that the federal Indian Gaming Regulatory Act only allows a state to bring lawsuits challenging casinos operating on Indian lands. But the Bay Mills casino was opened outside the tribe's reservation, Kagan said, placing it outside the law's coverage.
Since the casino does not fall under federal gaming laws, Kagan said it is subject to the ordinary tribal immunity that extends to off-reservation commercial activities. Kagan said it doesn't matter that the casino was authorized, licensed and operated from the tribe's reservation.
Related listings
-
Iran judge summons Facebook CEO to court
Headline Legal News 05/27/2014A judge in southern Iran has ordered Facebook founder and CEO Mark Zuckerberg to appear in court to answer complaints by individuals who say Facebook-owned applications Instagram and Whatsapp violate their privacy, semiofficial news agency ISNA repor...
-
Supreme Court takes up case of fired air marshal
Headline Legal News 05/20/2014The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans. The justices will hear an appeal from the Obama administration, which claims Robert MacL...
-
Court: Red Bulls must pay $2.8M in property tax
Headline Legal News 05/16/2014A New Jersey appeals court ruled Monday that the state's Major League Soccer franchise is liable for nearly $3 million in property taxes to the town of Harrison. The New York Red Bulls have played at Red Bull Arena in Harrison since 2010. During that...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our Victorville CA DUI defense attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.