Rare Victory For Tribes Bucks Trend Before High Court

On May 27, 2014, the U.S. Supreme Court decided Michigan v. Bay Mills Indian Community. The case involved efforts by the State of Michigan to stop the Bay Mills Indian Community from operating a casino outside of its reservation. The Court affirmed the lower court's decision, thus determining that sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating the Indian Gaming Regulatory Act outside of Indian lands.

Faegre Baker Daniels attorneys Rick Duncan, Christiana Martenson and Leah Sixkiller authored an article appearing in Law360 explaining the details of this significant decision, and how the decision could affect future court cases over tribal land and tribal sovereignty.