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ARTICLE · 28 MAY 2014

Supreme Court Decision Alert - May 27, 2014

Mayer Brown
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Indian Gaming Regulatory Act—Tribal Sovereign Immunity

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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On May 27, 2014, the Supreme Court issued one decision, described below, of interest to the business community.

Indian Gaming Regulatory Act—Tribal Sovereign Immunity

Michigan v. Bay Mills Indian Community, No. 12-515 (described in the June 24, 2013, Docket Report)

Today, in Michigan v. Bay Mills Indian Community, No. 12-515, the Supreme Court reaffirmed its prior holding that tribal sovereign immunity extends to suits arising out of Indian tribes' commercial activities. The Court concluded that, although the Indian Gaming Regulatory Act (IGRA) partially abrogates tribal sovereign immunity by allowing the states to sue Indian Tribes in federal court "to enjoin ... class III gaming activit[ies]," such as casino games, that are "located on Indian lands and conducted in violation of any Tribal-State compact" (25 U.S.C. § 2710(d)(7)(A)(ii)), IGRA does not authorize suits to enjoin gaming activities located outside Indian lands. Because the Court's decision

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