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In a pivotal decision on Monday, the U.S. Supreme Court rejected an appeal from an anti-casino advocacy group aiming to overturn a Ninth Circuit ruling that endorsed the Ione Band of Miwok Indians' right to proceed with a casino project in California.

High Court Denies Tribals Hearing : Denied Petition

The advocacy group, No Casino in Plymouth, sought a writ of certiorari, which was denied by the Supreme Court in an order list. This petition argued that the 2017 Ninth Circuit decision contradicted a 2009 Supreme Court decision, suggesting the federal government could not take land into trust for tribes recognized post-1934.

Legal Conflicts and Disputes

The Ninth Circuit's 2017 decision supported the U.S. Department of the Interior's move to take land into trust for the Ione Band's planned casino in Amador County. In contrast, the 2009 Supreme Court decision established that tribes must have been under federal jurisdiction in 1934 to qualify for land trust.

The advocacy group contended the high court’s intervention would resolve the legal discord between the Ninth Circuit and the earlier Supreme Court ruling.

High Court Denies Tribals Hearing : Rejected Arguments

No Casino in Plymouth's appeal to the Supreme Court followed the Ninth Circuit's decision in July 2020, which again supported the activist group's suit dismissal. The three-judge panel held the group's arguments were a rehash of previously dismissed claims, indicating a recycling of already rejected legal stances.

The Interior Department abstained from responding to the petition. In a prior brief, the National Indian Gaming Commission backed the Interior Department's choice to take land into trust, stating the group's arguments did not hold under the Indian Gaming Regulatory Act (IGRA).

Ongoing Legal Battles

No Casino in Plymouth launched its legal challenge against the Interior Department and the NIGC in 2018, aiming to halt the Ione Band's proposal for a "large Las Vegas-style casino" in Amador County.

However, the Ninth Circuit's prior rulings had consistently sided with the tribe's position. With the high court’s denial of the appeal, the tribe's casino project may proceed without further legal obstacles from the advocacy group.

High Court Denies Tribals Hearing : Representatives Involved

The activist group is represented by Kenneth R. Williams. The government is represented by Todd Kim, Daniel Halainen, Rebecca M. Ross, and John L. Smeltzer of the U.S. Department of Justice's Environment and Natural Resources Division, along with others. The Ione Band's legal representation is provided by John A. Maier of Maier Pfeffer Kim Geary & Cohen LLP.