Justia Gaming Law Opinion Summaries

Four Native American tribes operating casinos in Oklahoma filed a federal lawsuit in August 2020 to invalidate certain tribal-gaming compacts entered into by the Governor of Oklahoma and other tribes. These compacts were approved by the U.S. Secretary of the Department of the Interior by operation of law. The tribes argued that the Governor lacked the authority to enter into these compacts, violating Oklahoma law and their rights under the Indian Gaming Regulatory Act (IGRA).The Governor, represented by private counsel, defended the compacts' validity under federal law, arguing that any provisions violating state law could be severed. In July 2023, the Oklahoma Attorney General filed a notice to assume control of the state's defense, asserting that the compacts were invalid under state law. The Governor moved to strike the Attorney General's appearance, arguing that he had the authority to retain counsel and that the Attorney General could not override this.The United States District Court for the District of Columbia certified a question to the Supreme Court of Oklahoma regarding whether the Attorney General could assume control of the defense over the Governor's objection. The Supreme Court of Oklahoma held that the Attorney General could not take control of the defense in this case. The court emphasized the Governor's constitutional role as the "Supreme Executive" with the authority to select and direct counsel for the state's interests. The court also noted that the Attorney General could appear in the case but could not override the Governor's choice of counsel. View "CHEROKEE NATION v. UNITED STATES DEPARTMENT OF THE INTERIOR" on Justia Law

The Oklahoma Supreme Court previously declared that certain tribal gaming compacts the Oklahoma Executive branch entered into with the Comanche and Otoe-Missouria Tribes were invalid under Oklahoma law because the gaming compacts authorized certain forms of Class III gaming prohibited by state law. While "Treat I" was pending before the Supreme Court, the Executive branch entered into two additional compacts with the United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town. The parties to the compacts submitted the tribal gaming compacts to the United States Department of the Interior, and the Department of the Interior deemed them approved by inaction, only to the extent they are consistent with the Indian Gaming Regulatory Act (IGRA). The Oklahoma Supreme Court determined these new compacts were also not valid: for the new compacts to be valid under Oklahoma law, the Executive branch must have negotiated the new compacts within the statutory bounds of the Model Tribal Gaming Compact (Model Compact) or obtained the approval of the Joint Committee on State-Tribal Relations. Without proper approval by the Joint Committee, the new tribal gaming compacts were invalid under Oklahoma law. View "Treat v. Stitt" on Justia Law

Through mediation efforts in connection with a federal lawsuit pending in the United States District Court for the Western District of Oklahoma, Respondent, the Honorable J. Kevin Stitt, Governor of Oklahoma, negotiated and entered into new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes to increase state gaming revenues. The tribal gaming compacts were submitted to the United States Department of the Interior, and the Department of the Interior deemed them approved by inaction, only to the extent they were consistent with the Indian Gaming Regulatory Act (IGRA). The Comanche Nation and Otoe-Missouria Tribes were not parties to this matter; these tribes were sovereign nations and have not submitted to the jurisdiction of the Oklahoma Supreme Court. The limited question presented to the Oklahoma Supreme Court was whether Governor Stitt had the authority to bind the State with respect to the new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes. To this, the Supreme Court held he did not. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes authorized certain forms of Class III gaming, including house-banked card and table games and event wagering. Any gaming compact to authorize Class III gaming had to be validly entered into under state law, and it was Oklahoma law that determined whether the compact was consistent with the IGRA. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes were invalid under Oklahoma law. The State of Oklahoma was not and could not be legally bound by those compacts until such time as the Legislature enacted laws to allow the specific Class III gaming at issue, and in turn, allowing the Governor to negotiate additional revenue. View "Treat v. Stitt" on Justia Law