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SEMINOLE TRIBE OF FLORIDA v. STATE OF FLA.

Nos. 92-4652, 92-6244.

11 F.3d 1016 (1994)

SEMINOLE TRIBE OF FLORIDA, Plaintiff-Appellee, v. STATE OF FLORIDA, Lawton Chiles, Governor of the State of Florida, Defendants-Appellants. POARCH CREEK INDIANS, Poarch Band of Creek Indians, Plaintiff-Appellant, v. STATE OF ALABAMA, James E. Folsom, Governor, State of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 18, 1994.

Attorney(s) appearing for the Case

Jonathan A. Glogau, Asst. Atty. Gen., Tallahassee, FL, for defendants-appellants in No. 92-4652.

Bruce S. Rogow, Ft. Lauderdale, FL, for plaintiff-appellee in No. 92-4652.

Richard T. Dorman, David R. Peeler, Mobile, AL, William R. Perry, Sonosky, Chambers, Fachse & Endreson, Washington, D.C., for plaintiff-appellant in No. 92-6244.

Hans Walker, Washington, DC, for amicus Nat. Indian Gaming Assoc.

Donald Juneau, New Orleans, LA, for amicus Tunica-Biloxi Tribe of La.

Carol Jean Smith, Ronald C. Forehand, Mark D. Hess, H. William Wasden, Asst. Attys. Gen., James H. Evans, Atty. Gen., Montgomery, AL, T.A. Harding Fendley, James B. Rossler, Mobile, AL, for defendants-appellees in No. 92-6244.

Before TJOFLAT, Chief Judge, BLACK, Circuit Judge, and JOHNSON, Senior Circuit Judge.

TJOFLAT, Chief Judge:

These two consolidated cases present the following issue: whether Congress successfully abrogated the states' Eleventh Amendment sovereign immunity from suit by enacting the Indian Gaming Regulatory Act ("IGRA"), Pub.L. No. 100-497, 102 Stat. 2467 (1988) (codified at 25 U.S.C. §§ 2701-21).1 The two district court judges below agreed that IGRA manifested Congress' attempt to abrogate the states' Eleventh...

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