Michigan v. Bay Mills Indian Community

572 U.S. 782, 188 L. Ed. 2d 1071, 134 S. Ct. 2024, 24 Fla. L. Weekly Fed. S 765, 82 U.S.L.W. 4398, 2014 U.S. LEXIS 3596, 2014 WL 2178337
CourtSupreme Court of the United States
DecidedMay 27, 2014
Docket12–515.
StatusPublished
Cited by465 cases

This text of 572 U.S. 782 (Michigan v. Bay Mills Indian Community) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michigan v. Bay Mills Indian Community, 572 U.S. 782, 188 L. Ed. 2d 1071, 134 S. Ct. 2024, 24 Fla. L. Weekly Fed. S 765, 82 U.S.L.W. 4398, 2014 U.S. LEXIS 3596, 2014 WL 2178337 (2014).

Opinions

Justice KAGAN delivered the opinion of the Court.

*785The question in this case is whether tribal sovereign immunity bars Michigan's suit against the Bay Mills Indian Community for opening a casino outside Indian lands. We hold that immunity protects Bay Mills from this legal action. Congress has not abrogated tribal sovereign immunity from a State's suit to enjoin gaming off a reservation or other Indian lands. And we decline to revisit our prior decisions holding that, absent such an abrogation (or a waiver), Indian tribes have immunity even when a suit arises from off-reservation commercial activity. Michigan must therefore resort to other mechanisms, including legal actions against the responsible individuals, to resolve this dispute.

I

The Indian Gaming Regulatory Act (IGRA or Act), 102 Stat. 2467, 25 U.S.C. § 2701 et seq., creates a framework for regulating gaming activity on Indian lands.1 See § 2702(3) (describing the statute's purpose as establishing "regulatory authority ... [and] standards for gaming on Indian lands"). The Act divides gaming into three classes. Class III gaming, the most closely regulated and the kind involved here, includes casino games, slot machines, and horse racing. See § 2703(8). A tribe may conduct such gaming on Indian lands only pursuant to, and in compliance with, a compact it has negotiated with the surrounding State. See § 2710(d)(1)(C). A compact typically prescribes rules for operating gaming, allocates *2029law enforcement authority between the tribe and State, and provides remedies for breach of the agreement's terms. See §§ 2710(d)(3)(C)(ii), (v). Notable here, IGRA itself *786authorizes a State to bring suit against a tribe for certain conduct violating a compact: Specifically, § 2710(d)(7)(A)(ii) allows a State to sue in federal court to "enjoin a class III gaming activity located on Indian lands and conducted in violation of any Tribal-State compact ... that is in effect."

Pursuant to the Act, Michigan and Bay Mills, a federally recognized Indian Tribe, entered into a compact in 1993. See App. to Pet. for Cert. 73a-96a. The compact empowers Bay Mills to conduct class III gaming on "Indian lands"; conversely, it prohibits the Tribe from doing so outside that territory. Id., at 78a, 83a; see n. 1, supra . The compact also contains a dispute resolution mechanism, which sends to arbitration any contractual differences the parties cannot settle on their own. See App. to Pet. for Cert. 89a-90a. A provision within that arbitration section states that "[n]othing in this Compact shall be deemed a waiver" of either the Tribe's or the State's sovereign immunity. Id., at 90a. Since entering into the compact, Bay Mills has operated class III gaming, as authorized, on its reservation in Michigan's Upper Peninsula.

In 2010, Bay Mills opened another class III gaming facility in Vanderbilt, a small village in Michigan's Lower Peninsula about 125 miles from the Tribe's reservation. Bay Mills had bought the Vanderbilt property with accrued interest from a federal appropriation, which Congress had made to compensate the Tribe for 19th-century takings of its ancestral lands. See Michigan Indian Land Claims Settlement Act, 111 Stat. 2652. Congress had directed that a portion of the appropriated funds go into a "Land Trust" whose earnings the Tribe was to use to improve or purchase property. According to the legislation, any land so acquired "shall be held as Indian lands are held." § 107(a)(3), id., at 2658. Citing that provision, Bay Mills contended that the Vanderbilt property was "Indian land" under IGRA and the compact; and the Tribe thus claimed authority to operate a casino there.

*787Michigan disagreed: The State sued Bay Mills in federal court to enjoin operation of the new casino, alleging that the facility violated IGRA and the compact because it was located outside Indian lands. The same day Michigan filed suit, the federal Department of the Interior issued an opinion concluding (as the State's complaint said) that the Tribe's use of Land Trust earnings to purchase the Vanderbilt property did not convert it into Indian territory. See App. 69-101. The District Court entered a preliminary injunction against Bay Mills, which promptly shut down the new casino and took an interlocutory appeal. While that appeal was pending, Michigan amended its complaint to join various tribal officials as defendants, as well as to add state law and federal common law claims. The Court of Appeals for the Sixth Circuit then vacated the injunction, holding (among other things) that tribal sovereign immunity barred Michigan's suit against Bay Mills unless Congress provided otherwise, and that § 2710(d)(7)(A)(ii) did not authorize the action. See 695 F.3d 406, 413-415 (2012). That provision of IGRA, the Sixth Circuit reasoned, permitted a suit against the Tribe to enjoin only gaming activity located on Indian lands, whereas the State's complaint alleged that the Vanderbilt casino was outside such territory. See id., at 412.2 Accordingly, the Court of *2030Appeals concluded that Michigan could proceed, if *788at all, solely against the individual defendants, and it remanded to the District Court to consider those claims. See id., at 416-417.3 Although no injunction is currently in effect, Bay Mills has not reopened the Vanderbilt casino.

We granted certiorari to consider whether tribal sovereign immunity bars Michigan's suit against Bay Mills, 570 U.S. ----, 133 S.Ct. 2850

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA v. LEWIS TEIN, P.L.
District Court of Appeal of Florida, 2023
Sipp v. Buffalo Thunder, Inc.
2022 NMCA 015 (New Mexico Court of Appeals, 2021)
State v. Hubbard (Slip Opinion)
2021 Ohio 3710 (Ohio Supreme Court, 2021)
Pauma Band Mission Indians v. State of California
973 F.3d 953 (Ninth Circuit, 2020)
Oneida Nation v. Village of Hobart, Wisconsin
968 F.3d 664 (Seventh Circuit, 2020)
In Re: James M. Dailey
949 F.3d 553 (Eleventh Circuit, 2020)
Hengle v. Asner
E.D. Virginia, 2020
Flandreau Santee Sioux Tribe v. Kristi Noem
938 F.3d 928 (Eighth Circuit, 2019)
Flandreau Santee Sioux Tribe v. Josh Haeder
938 F.3d 941 (Eighth Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
572 U.S. 782, 188 L. Ed. 2d 1071, 134 S. Ct. 2024, 24 Fla. L. Weekly Fed. S 765, 82 U.S.L.W. 4398, 2014 U.S. LEXIS 3596, 2014 WL 2178337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-v-bay-mills-indian-community-scotus-2014.