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Posted on 05/27/2014 9:05:44 AM PDT by BuckeyeTexan
Edited on 05/27/2014 9:07:39 AM PDT by Admin Moderator. [history]
A divided Supreme Court ruled Tuesday that Michigan can't block the opening of an American Indian casino because the state's legal challenge is barred by tribal sovereign immunity.
In a 5-4 decision, the high court said the state could not shutter the Bay Mills Indian Community's casino about 90 miles south of its Upper Peninsula reservation.
(Excerpt) Read more at abcnews.go.com ...
Majority: Roberts, Kennedy, Breyer, Sotomayor, Kagan
Dissent: Scalia, Thomas, Alito, Ginsburg
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I’ve never understood how Indian reservations are allowed to have gambling, when it’s illegal for the rest of us to run that type of business. Sounds like affirmative action, to let a specific group do things that are disallowed to others.
And you forgot the tax free cigarettes. Sounds more like payback for fire water and disease infested blankets.
Indian lands are sovereign entities. That’s why
Interesting ... so tell us, Wise Latina, if the Runamok Tribe decides to open a nation-wide chain of strip clubs, they’re judgement-proof?
I have no use for them.
They lobbied for the smoking ban in Michigan bars but got a loophole for themselves by virtue of having the 10,000 square feet of floor space to set aside a smoking area. I don’t doubt the indian casinos were already exempt from everybody else’s law anyway.
Indians were promised many things in old treaties;only a very few promises were kept.
Interesting that the very similar concept of sovreign tribal lands was denounced by the U.S. officials when locations were in the former Republic of South Africa.
Yes, but this casino is 90 miles from “Indian land.”
Because Indian Nations are landlocked nations within a nation, as a product of various treaties between the Tribes and the federal government. The feds and states have very little say as to what goes on in a reservation.
At first glance, it seems to be more about Indians having supreme sovereignty over their tribal lands than their being granted special status.
Although, in this case, the casino is not on tribal land. So, I don’t understand the decision, but then I also haven’t yet read it.
This will be a very hot issue. Insurance companies are starting to set up on the reservations and writing health insurance policies that don’t contain the abortion mandates. A lot of churches have already bought the policies.
The sovereign status of the reservations is very subversive to the central government. FBI, ATF, BLM, have no jurisdiction there. Reservations have their own police forces and governance. I’m pleased with this decision.
The Wise Latina takes a swipe at Thomas, page 6.
Sotomayor and Kagan are on the side of the "repressed minority" along with Beyer. Roberts is pro-corporation, pro-business.
Michigan could achieve its desired result by just taxing all gambling income at 90% with no offsetting deductions for gamblilng losses.
I want to add: The left hasn’t figured out that the reservations can take down Obamacare. Otherwise Kagan, Breyer and Sotomeyer would not have joined in the decision.
I know a company right now who is planning reservation based mobile MRI and CAT scan labs that will be able to provide medical services all over the country for about 1/6th the price you pay at a hospital. This is part of the infrastructure necessary to support concierge practices by doctors.
well, they are sovereign entities, but then, Indians are American citizens too. Thanks for the info. Sounds like they can make their own laws.
It will be interesting to see how this impacts the Seneca Nation’s ongoing battles with New York State over cigarette taxes.
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