The U.S. Supreme Court sided with two Native American tribes in Texas in a ruling Wednesday that reaffirmed their autonomy to regulate non-prohibited gaming on their lands and strengthened tribal sovereignty in the state.
The justices came to a 5-4 ruling. The nation鈥檚 highest court stated that the Ysleta del Sur Pueblo tribe near El Paso, also known as the Tiguas, and the Alabama-Coushatta Tribe of Texas, north of Houston, have the autonomy to regulate electronic bingo games on their lands, regardless of the state鈥檚 rules on non-prohibited gambling. In other words, if the game isn鈥檛 outright prohibited and criminalized in the state, Texas can鈥檛 impose its regulations on the tribes鈥� games.
鈥淭he Court鈥檚 decision is an affirmation of Tribal sovereignty and a victory for the Texas economy,鈥� Ricky Sylestine, chair of the Alabama-Coushatta Tribe of Texas鈥� Tribal Council, said in a statement. 鈥淭he highest Court in the land has made clear that our Tribe has the right to legally operate electronic bingo on our reservation, just as we have the past six years."
But in the majority opinion, Justice Neil M. Gorsuch emphasized that Wednesday鈥檚 ruling doesn鈥檛 mean Native American tribes can offer any games they choose in their lands.
鈥淣one of this is to say that the Tribe may offer gaming on whatever terms it wishes. The Restoration Act provides that a gaming activity prohibited by Texas law is also prohibited on tribal land as a matter of federal law,鈥� Gorsuch wrote. 鈥淥ther gaming activities are subject to tribal regulation and must conform to the terms and conditions set forth in federal law.鈥�
Texas has in the country. The Tiguas have battled the state in courts for decades over expanding gambling on their land. Texas has repeatedly blocked efforts in federal court.
Ben Kappelman, a partner at international law firm Dorsey & Whitney who handles cases involving federal American Indian law issues, said Wednesday鈥檚 ruling is a win for the tribes but doesn鈥檛 mean tribal games will be totally unregulated.
鈥淭his is a significant victory for the Ysleta del Sur Pueblo Indian Tribe after decades of losses in the lower court,鈥� Kappelmann said. 鈥淪till, the Supreme Court鈥檚 decision will hardly leave the Pueblos鈥� gaming unregulated. They will simply join the large number of tribes whose gaming ventures are regulated by the National Indian Gaming Commission.鈥�
The case now returns to the 5th U.S. Circuit Court of Appeals for further deliberation.
