The Alabama-Coushatta Tribe, which despite its name is based in Texas, has appealed to the U.S. Supreme Court to take up the case of its disputed Naskila Gaming casino, a Class II facility that the State of Texas seeks to close.
On September 23, the tribe filed a petition asking the court to recognize its sovereignty over its homelands. The petition states: “This court’s review is necessary to restore nationwide uniformity on an exceedingly important question of federal Indian law and policy, vindicate tribal sovereignty, and enforce the ‘enduring principle of Indian law’ that ‘courts will not lightly assume that Congress in fact intends to undermine Indian self-government.’”
Unlike the great majority of Indian tribes in the U.S., the Alabama-Coushatta are not allowed to offer Class II gaming without a state tribal gaming compact. The Fifth Circuit Court of Appeals has consistently ruled that the tribe must abide by the laws of the Lone Star State.
The House of Representatives has tried to step in to clarify the tribe’s position. Recently it passed H.R. 759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, which would allow the tribe to offer Class II gaming. However, the bill has so far gone nowhere in the Senate.
The tribe is trying to recruit the state’s two U.S. Senators, Ted Cruz and John Cornyn, to support the bill. Tribal Chairman Cecilia Flores released a statement in July asking for their assistance, saying, “We understand passage of H.R.759 in the United States House of Representatives is a stepping stone toward becoming law and look forward to working with Senators John Cornyn and Ted Cruz.”
She added, “We see and hear the outpouring of support from our friends, neighbors and legislators.”
The tribe’s petition has been filed with the Supreme Court and the state’s response is due October 25. Four of the nine justices would be needed to vote to grant the petition.
