![]() ![]() ![]() IGRA’s plain terms do not authorize this suit. Among the core aspects of that sovereignty is “common-law immunity from suit traditionally enjoyed by sovereign powers,” which applies whether a suit is brought by a state or arises from a tribe’s commercial activities off Indian lands. As “domestic dependent nations,” Indian tribes exercise “inherent sovereign authority” that is subject to plenary control by Congress unless Congress acts, the tribes retain their historic sovereign authority. The district court granted the injunction, but the Sixth Circuit vacated, holding that tribal sovereign immunity barred the suit unless Congress provided otherwise section 2710(d)(7)(A)(ii) only authorized suits to enjoin gaming activity located “on Indian lands,” while the complaint alleged the casino was outside such territory. Michigan sued under section 2710(d)(7)(A)(ii), which allows a state to enjoin gaming activity conducted in violation of any tribal-state compact. The Tribe claimed it could operate a casino there because the property qualified as Indian land. Bay Mills opened a second casino on land it had purchased through a congressionally established land trust. The compact authorizes Bay Mills to conduct class III gaming activities (a casino) on Indian lands within the state, but prohibits it from doing so outside that territory. The State of Michigan entered into a compact with the Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. ![]()
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