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Re: “Stay away from the Supreme Court!” - Sovereign Immunity at Risk

From: Eric D.
Sent on: Thursday, September 5, 2013 12:08 PM

From: Eric Diesel <[address removed]>
To: Native American Rights Fund <[address removed]>
Cc: Aram James <[address removed]>; Tim Fyffe <[address removed]>
Sent: Thursday, September 5,[masked]:07 PM
Subject: Re: So our message to tribes became and remains: “Stay away from the Supreme Court!” - Sovereign Immunity at Risk
Keep up the good work

From: Native American Rights Fund <c+[address removed]>
To: [address removed]
Sent: Thursday, September 5,[masked]:23 AM
Subject: Sovereign Immunity at Risk
Native American Rights Fund
View This Message Online
Sovereign Immunity at Risk
Tribal Supreme Court Project was established by tribal leaders in response to a series of devastating losses for Indian tribes before the Supreme Court of the United States.  Since it was established in 2001, we have put forward the strongest legal arguments when litigation could not be avoided.  But the losses have continued.  So our message to tribes became and remains:  “Stay away from the Supreme Court!”
The Project is now following Michigan v. Bay Mills Indian Community–a case granted review by the Supreme Court even though the United States had filed a brief recommending that review be denied.  The State of Michigan is using this case to mount a full frontal attack on tribal sovereign immunity and the authority of states to regulate “gaming activity” under the Indian Gaming Regulatory Act (IGRA).
With the doctrine of tribal sovereign immunity and the authority of states under IGRA on the table, this case has become high- stakes litigation for Indian tribes across the country.  Although Bay Mills and other tribes have solid legal arguments to make to the Court, politics of this case do not bode well for a good outcome.  Our hope is that the on-going efforts by the Bay Mills Indian Community to find an alternative resolution to this case will bear fruit.
To repeat our message to all tribes:  “Stay away from the Supreme Court!”
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