Still Awaiting Bay Mills Ruling

Sun, Apr 27, 2014

Although the U.S. Supreme Court heard oral arguments in the case of Michigan v. Bay Mills Indian Community on December 2, 2013, no opinion has been issued. Observers say that could mean the justices are deeply divided on the issue which could affect the doctrine of sovereign immunity.

The U.S. Supreme Court heard oral arguments on December 2, 2013 in the case of Michigan v. Bay Mills Indian Community but has yet to issue an opinion, although cases heard at the same time and even since then have been adjudicated.

The outcome of this highly watched case will determine whether the state of Michigan can sue the Bay Mills Indian Community for operating an off-reservation casino on land that has not been placed in trust or restricted status. Tribal advocates are concerned that a ruling for the state could erode the doctrine of sovereign immunity.

Richard Guest, an attorney with the Native American Rights Fund, said the delay could indicate the justices are deeply divided on the matter.

 

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