Supreme Court to review Texas tribal gaming case

The US Supreme Court has agreed to intercede in a long-running legal dispute between the Ysleta del Sur Pueblo tribe and the state of Texas over the blocking of electronic bingo gaming.

The case centers on the overturning of a prior Fifth Circuit Court decision to uphold the 1987 Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, which restored the tribe’s status as a recognized US Indian tribe under the Indian Gaming Regulatory Act.

In its first decision, a court in Texas asserted that the restoration act barred the tribe from operating electronic bingo gaming under Texas gambling laws, following an initial lawsuit by the state.

This denial came despite the fact that bingo is allowed elsewhere in the state.

In 2018, the Ysleta del Sur Pueblo launched a countersuit against the ruling on the grounds that the Lone Star State had violated the 14^th Amendment of the US Constitution in denying the tribe access to electronic bingo.

Later in 2019, a US District Judge issued a summary judgment and preliminary injunction in favor of Texas, suggesting the tribe was subject to Texas gambling laws and needed to contact Federal legislators before it could continue to operate bingo.

An appeal by the tribe to the Fifth Circuit Court was later dismissed by a three-judge panel, which upheld the lower district court decision claiming a “straightforward precedent” required the Ysleta tribe to follow state gaming laws.

The tribe later asked for a US Supreme Court review of the case, which has now been confirmed.

The review represents a significant victory for the tribe in that the US Supreme Court only accepts between 100-150 of the more than 7,000 cases that it is asked to review each year.

In comments made via its attorney and reported by the El Paso Matters website, the tribe said it was grateful for the opportunity to present its case to the Supreme Court.

“This is an important case involving the sovereignty and self-determination of Native American tribes, and the interpretation of federal statutes protecting those rights,” the tribe’s attorneys said.

“We look forward to vindicating our clients’ position In the Supreme Court, and will have no further comment at this time.”

Relations between the Ysleta del Sur Pueblo tribe and the state of Texas have become increasingly frosty over the intervening period, with Lone Star State officials arguing in January that the case does not have national significance and should not be considered.

Biting back against Texas, the tribe successfully won the backing of the US Solicitor General’s Office, which agreed that the tribe was governed by IGRA and the National Indian Gaming Commission instead of the state of Texas.

The review could serve as a crucial ruling by setting a precedent for other tribal cases involving Maine, Rhode Island, and Massachusetts.