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UNITED STATES v. STATE OF MICH.

No. M26-73 C.A.

471 F.Supp. 192 (1979)

UNITED STATES of America et al., Plaintiffs, v. STATE OF MICHIGAN et al., Defendants.

United States District Court, W. D. Michigan, N. D.

May 7, 1979.

Attorney(s) appearing for the Case

James S. Brady, U. S. Atty., J. Terrance Dillon, Asst. U. S. Atty., Dept. of Justice, Grand Rapids, Mich., Elmer T. Nitzschke, Dept. of Interior, St. Paul, Minn., Bruce R. Greene, Native American Rights Fund, Boulder, Colo., Kathryn L. Tierney, Bay Mills Indian Community, Brimley, Mich., William J. James, James Jannetta, Legal Services, and Daniel T. Green, Sault Ste. Marie Tribe Bay Mills Indian Community, Sault Ste. Marie, Mich., for plaintiffs.

Gregory T. Taylor, Asst. Atty. Gen., Lansing, Mich., for defendants.

OPINION

PREFACE

FOX, Chief Judge.

"No one can deny that the constitution of the United States is the supreme law of the land; and consequently, no act of any state legislature, or of congress, which is repugnant to it, can be of any validity. Now, if an act of a state legislature be repugnant to the constitution of the state, the state court will declare it void; and if such act be repugnant to the constitution of the Union, or a law made under...

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