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ARTICLE · 02 JUNE 2014

State AGs In The News - May 29th, 2014

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The Supreme Court ruled that tribal sovereign immunity bars Michigan’s suit against the Bay Mills Indian Community for opening a casino outside Indian lands.

United StatesConsumer Protection
Bernard Nash
Bernard Nash
JB Kelly
JB Kelly
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U.S. Supreme Court Bars State Suit Against Indian Community for Operating a Casino Outside Indian Lands

  • The U.S. Supreme Court ruled, in a 5-4 decision in the case of Michigan v. Bay Mills Indian Community, that tribal sovereign immunity bars Michigan's suit against the Bay Mills Indian Community for opening a casino outside Indian lands. Justice Sotomayor filed a concurring opinion. Justices Scalia, Ginsburg, and Thomas joined by Scalia, Ginsburg, and Alito filed dissenting opinions.
  • We had listed this as a case to watch in an October 2013 blog post. Sixteen AGs had filed a brief in support of the petitioner, Michigan. Oklahoma had submitted a separate brief supporting the petitioner.

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