Seminole Tribe of Florida v. Florida

9 Fla. L. Weekly Fed. S 484, 116 S. Ct. 1114, 134 L. Ed. 2d 252, 517 U.S. 44, 64 U.S.L.W. 4167, 34 Collier Bankr. Cas. 2d 1199, 42 ERC (BNA) 1289, 67 Empl. Prac. Dec. (CCH) 43,952, 1996 U.S. LEXIS 2165, 96 Cal. Daily Op. Serv. 2125, 96 Daily Journal DAR 3499
CourtSupreme Court of the United States
DecidedMarch 27, 1996
Docket94-12
StatusPublished
Cited by3,723 cases

This text of 9 Fla. L. Weekly Fed. S 484 (Seminole Tribe of Florida v. Florida) 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
Seminole Tribe of Florida v. Florida, 9 Fla. L. Weekly Fed. S 484, 116 S. Ct. 1114, 134 L. Ed. 2d 252, 517 U.S. 44, 64 U.S.L.W. 4167, 34 Collier Bankr. Cas. 2d 1199, 42 ERC (BNA) 1289, 67 Empl. Prac. Dec. (CCH) 43,952, 1996 U.S. LEXIS 2165, 96 Cal. Daily Op. Serv. 2125, 96 Daily Journal DAR 3499 (U.S. 1996).

Opinions

[47]*47Chief Justice Rehnquist

delivered the opinion of the Court.

The Indian Gaming Regulatory Act provides that an Indian tribe may conduct certain gaming activities only in conformance with a valid compact between the tribe and the State in which the gaming activities are located. 102 Stat. 2475, 25 U.S.C. § 2710(d)(1)(C). The Act, passed by Congress under the Indian Commerce Clause, U. S. Const., Art. I, § 8, cl. 3, imposes upon the States a duty to negotiate in good faith with an Indian tribe toward the formation of a compact, § 2710(d)(3)(A), and authorizes a tribe to bring suit in federal court against a State in order to compel performance of that duty, § 2710(d)(7). We hold that notwithstanding Congress’ clear intent to abrogate the States’ sovereign immunity, the Indian Commerce Clause does not grant Congress that power, and therefore § 2710(d)(7) cannot grant jurisdiction over a State that does not consent to be sued. We further hold that the doctrine of Ex parte Young, 209 U. S. 123 (1908), may not be used to enforce § 2710(d)(3) against a state official.

[48]*48y — t

Congress passed the Indian Gaming Regulatory Act m 1988 in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes. See 25 U. S. C. §2702. The Act divides gaming on Indian lands into three classes — I, II, and III — and provides a different regulatory scheme for each class. Class III gaming — the type with which we are here concerned — is defined as “all forms of gaming that are not class I gaming or class II gaming,” §2703(8), and includes such things as slot machines, casino games, banking card games, dog racing, and lotteries.1 It is the most heavily regulated of the three classes. The Act provides that class III gaming is lawful only where it is: (1) authorized by an ordinance or resolution that (a) is adopted by the governing body of the Indian tribe, (b) satisfies certain statutorily prescribed requirements, and (c) is approved by the National Indian Gaming Commission; (2) located in a State that permits such gaming for any purpose by any person, organization, or entity; and (3) “conducted in conformance with a Tribal-State compact entered into by the [49]*49Indian tribe and the State under paragraph (3) that is in effect.” § 2710(d)(1).

The “paragraph (3)” to which the last prerequisite of § 2710(d)(1) refers is § 2710(d)(3), which describes the permissible scope of a Tribal-State compact, see § 2710(d)(3)(C), and provides that the compact is effective “only when notice of approval by the Secretary [of the Interior] of such compact has been published by the Secretary in the Federal Register,” § 2710(d)(3)(B). More significant for our purposes, however, is that § 2710(d)(3) describes the process by which a State and an Indian tribe begin negotiations toward a Tribal-State compact:

“(A) Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is being conducted, or is to be conducted, shall request the State in which such lands are located to enter into negotiations for the purpose of entering into a Tribal-State compact governing the conduct of gaming activities. Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact.”

The State’s obligation to “negotiate with the Indian tribe in good faith” is made judicially enforceable by §§ 2710(d) (7)(A)(i) and (B)(i):

“(A) The United States district courts shall have jurisdiction over—
“(i) any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the Indian tribe for the purpose of entering into a Tribal-State compact under paragraph (3) or to conduct such negotiations in good faith ....
“(B)(i) An Indian tribe may initiate a cause of action described in subparagraph (A)(i) only after the close of the 180-day period beginning on the date on which the [50]*50Indian tribe requested the State to enter into negotiations under paragraph (3)(A).”

Sections 2710(d)(7)(B)(ii)-(vii) describe an elaborate remedial scheme designed to ensure the formation of a Tribal-State compact. A tribe that brings an action under § 2710(d) (7)(A)(i) must show that no Tribal-State compact has been entered and that the State failed to respond in good faith to the tribe’s request to negotiate; at that point, the burden then shifts to the State to prove that it did in fact negotiate in good faith. § 2710(d)(7)(B)(ii). If the district court concludes that the State has failed to negotiate in good faith toward the formation of a Tribal-State compact, then it “shall order the State and Indian Tribe to conclude such a compact within a 60-day period.” §2710(d)(7)(B)(iii). If no compact has been concluded 60 days after the court’s order, then “the Indian tribe and the State shall each submit to a mediator appointed by the court a proposed compact that represents their last best offer for a compact.” § 2710(d)(7) (B)(iv). The mediator chooses from between the two proposed compacts the one “which best comports with the terms of [the Act] and any other applicable Federal law and with the findings and order of the court,” ibid., and submits it to the State and the Indian tribe, § 2710(d)(7)(B)(v). If the State consents to the proposed compact within 60 days of its submission by the mediator, then the proposed compact is “treated as a Tribal-State compact entered into under paragraph (3).” § 2710(d)(7)(B)(vi). If, however, the State does not consent within that 60-day period, then the Act provides that the mediator “shall notify the Secretary [of the Interior]” and that the Secretary “shall prescribe . .. procedures . . . under which class III gaming may be conducted on the Indian lands over which the Indian tribe has jurisdiction.” § 2710(d)(7)(B)(vii).2

[51]*51In September 1991, the Seminole Tribe of Florida, petitioner, sued the State of Florida and its Governor, Lawton Chiles, respondents. Invoking jurisdiction under 25 U. S. C. [52]*52§ 2710(d)(7)(A), as well as 28 U. S. C. §§1331 and 1362, petitioner alleged that respondents had “refused to enter into any negotiation for inclusion of [certain gaming activities] in a tribal-state compact,” thereby violating the “requirement of good faith negotiation” contained in § 2710(d)(3). Petitioner’s Complaint ¶24, see App. 18. Respondents moved to dismiss the complaint, arguing that the suit violated the State’s sovereign immunity from suit in federal court. The District Court denied respondents’ motion, 801 F. Supp. 655 (SD Fla. 1992), and respondents took an interlocutory appeal of that decision. See Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U. S. 139 (1993) (collateral order doctrine allows immediate appellate review of order denying claim of Eleventh Amendment immunity).

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9 Fla. L. Weekly Fed. S 484, 116 S. Ct. 1114, 134 L. Ed. 2d 252, 517 U.S. 44, 64 U.S.L.W. 4167, 34 Collier Bankr. Cas. 2d 1199, 42 ERC (BNA) 1289, 67 Empl. Prac. Dec. (CCH) 43,952, 1996 U.S. LEXIS 2165, 96 Cal. Daily Op. Serv. 2125, 96 Daily Journal DAR 3499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seminole-tribe-of-florida-v-florida-scotus-1996.