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Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.
Michigan V. Bay Mills Indian Community, Wesley J. Furlong
Michigan V. Bay Mills Indian Community, Wesley J. Furlong
Public Land & Resources Law Review
Justice Kagan’s gambling metaphors aside, Michigan v. Bay Mills Indian Community stands as a resolute affirmation of the Supreme Court’s refusal to qualify tribal sovereign immunity absent congressional action. Bay Mills reaffirms that as domestic dependent nations, tribes exercise inherent sovereign immunity, qualified only by the clear direction of Congress, not the Court. While the dissent vented its frustration with the precedent relied on by the majority, the Court reaffirmed that tribal sovereign immunity extends to all commercial activities occurring off Indian land.