December 31, 2013
On December 2, 2013, the Supreme Court heard oral argument in Michigan v. Bay Mills Indian Community. The question in this case is twofold. First, whether a federal court may exercise jurisdiction to prohibit an activity that violates the Indian Gaming Regulatory Act (IGRA), but does not occur on Indian lands; and second, whether tribal sovereign immunity precludes a state from suing a tribe in federal court for violations of IGRA that take place outside of Indian lands.
To discuss the case, we have Tom Gede, who is a principal in Bingham Consulting and of counsel at Bingham McCutchen.