Supreme Court To Hear Texas Tribes' Gambling Case
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Supreme Court To Hear Texas Tribes' Gambling Case. Case was filed in October 2020. Oral arguments are scheduled for February 22, 2022. The case does not have the potential to open Texas to further gambling expansion directly.
There is talk that Texas is preparing to change its long-held opposition to gambling. The state's recent efforts to allow sports betting fizzled out and discussion of possible casino expansion waned. Texas Rep. Dan Huberty believes there is a real possibility for sports gambling to come to Texas in 2023. However, the Supreme Court must resolve the dispute over the state’s Restoration Act.
Supreme Court To Hear Texas Tribes' Gambling Case. In 1987, the Alabama-Coushatta Tribe of Texas and the Ysleta del Sur Pueblo signed Texas’s Restoration Act. The Act”s gambling prohibition has resulted in the tribes being unable to take advantage of the opportunities provided by IGRA.
Supreme Court will hear the case of Texas Tribes' gambling case. The Fifth Circuit Court of Appeals upheld the initial ruling in favor of the state.
Nothing in this Section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas.
The first amicus brief filed comes from the Alabama-Coushatta Tribes of Texas. They argue that the Restoration Act does not prohibit tribes from offering bingo on their own terms. Texas amended its Constitution to allow bingos in 1980.
Supreme Court To Hear Texas Tribes' Gambling Case. National Indian Gaming Association supports the Tribe's authority to regulate gaming activities on their land. The organization argues that the Fifth Circuit’s decision would effectively carve out Texas-based disputes as being subject to the federal courts” interpretation.
Supreme Court To Hear Texas Tribes' Gambling Case. The United States argues that the Fifth Circuit Court of Appeals “erroneously construed the Restoration Act to permit Texas to regulate forms of gaming that it does not prohibit outright”
Section 107 is consistent with IGRA’s national regulation of gaming in Indian country. Reversing the Fifth Circuit will close a significant regulatory void.
Supreme Court to hear Texas Tribes' Gambling Case. Texas argues that the Fifth Circuit correctly interpreted the Restoration Act. Petitioners cite legislative materials that they argue indicates that Cabazon Band was contemplated.
Supreme Court to hear Texas Tribes' Gambling Case. If the Tribs win it would be a step forward for tribal gaming in Texas. It would enable Tribers to offer any form of gaming which the state doesn't prohibit outright.
