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Club One Casino, Inc., dba Club One Casino, et al. v. Deb Haaland, Secretary of the Interior, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16696 · judgment May 27, 2020


Certiorari denied · June 21, 2021
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

A Nevada gambling corporation donated a parcel of private California land to the United States to hold in trust for an Indian tribe for an off-reservation gambling casino to be run by the tribe and the private gambling corporation. Over four million California voters, a 60 percent majority, rejected a casino on this parcel, a parcel which had never been Indian owned or governed. The State of California never consented to relinquishing its jurisdiction over the parcel. Nonetheless, the Ninth Circuit held that tribal jurisdiction over the land, required by The Indian Gaming Regulatory Act, 25 U.S.C. § 2710, was automatically created: “[A]s a matter of law, the federal government confers tribal jurisdiction over lands it acquires in trust for the benefit of tribes” (including by private donation) even absent State jurisdictional consent or cession. The questions presented by this petition relate to fundamental questions of State sovereignty over State lands: 1. Does the Indian Reorganization Act, 25 U.S.C. § 5108, by authorizing the Secretary of the Interior “in his discretion” to acquire lands “for the purpose of providing land for Indians,” silently operate, by virtue of a simple transfer of title, to divest States of their inherent and exclusive jurisdiction over such acquired lands and transfer it, without State cession or consent, to a tribe?

Counsel of record

For petitioner
Robert Axel Olson
Greines, Martin, Stein & Richland LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. May 27 2021
    Reply of petitioners Club One Casino, Inc., dba Club One Casino, et al. filed. (Distributed)
  4. May 12 2021
    Brief of respondents Deb Haaland, Secretary of the Interior, et al. in opposition filed.
  5. Apr 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2021.
  6. Apr 09 2021
    Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
  7. Mar 03 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2021.
  8. Mar 02 2021
    Motion to extend the time to file a response from March 11, 2021 to April 12, 2021, submitted to The Clerk.
  9. Feb 09 2021
    Response Requested. (Due March 11, 2021)
  10. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  11. Jan 22 2021
    Waiver of right of respondent David Bernhardt, Secretary of the Interior, et al. to respond filed.
  12. Dec 18 2020
    Petition for a writ of certiorari filed. (Response due January 22, 2021)