Wisconsin Attorney General Brad Schimel recently took his case against the Ho-Chunk Nation to the U.S. Supreme Court. Schimel asked the high court to hear his appeal of a federal court ruling allowing the Ho-Chunk tribe to offer video poker at their Ho-Chunk Gaming Madison casino.
The Wisconsin Department of Justice had argued that video poker offered at the facility is a Class III card game and therefore prohibited under the tribe’s gambling compact. In April, the 7th Circuit U.S. Court of Appeals reversed a lower court ruling and declared the video poker offered at the casino was legal. The appeals court claimed the state has to criminalize a gambling activity before it can ban the tribe from offering it.