No. 94-12.

517 U.S. 44 (1996)


United States Supreme Court.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Bruce S. Rogow argued the cause for petitioner. With him on the briefs were Beverly A. Pohl, Jerry C. Straus, Michael L. Roy, Judith A. Shapiro, Eugene Gressman, and John J. Gibbons.

Solicitor General Days argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Irving L. Gornstein, Edward J. Shawaker, and Anne S. Almy.

Jonathan A. Glogau, Assistant Attorney General of Florida, argued the cause for respondents. With him on the brief was Robert A. Butterworth, Attorney General.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, p. 76. Souter, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, p. 100.

Chief Justice Rehnquist delivered the opinion of the Court.

The Indian Gaming Regulatory Act provides that an Indian tribe may conduct certain gaming activities only in conformance with a valid compact between the tribe and the State in which the gaming activities are located. 102 Stat. 2475, 25 U. S. C. § 2710(d)(1)(C). The Act, passed by Congress under the Indian Commerce Clause, U. S. Const., Art. I, § 8, cl....

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