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NARRAGANSETT INDIAN TRIBE v. NAT. INDIAN GAMING

No. 97-5290.

158 F.3d 1335 (1998)

NARRAGANSETT INDIAN TRIBE, Appellant, v. NATIONAL INDIAN GAMING COMMISSION and Tadd Johnson, in his official capacity as Chairman of the National Indian Gaming Commission, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 27, 1998.

Attorney(s) appearing for the Case

Charles A. Hobbs argued the cause for appellant. With him on the briefs was Joseph H. Webster.

Marta Hoilman, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Lois J. Schiffer, Assistant Attorney General, David C. Shilton and Edward J. Passarelli, Attorneys.

Patrick J. Kennedy, appearing pro se, was on the brief for amicus curiae Patrick J. Kennedy, United States Congressman, House of Representatives.

William J. Rodgers and Joseph S. Larisa, Jr., were on the brief for amicus curiae Lincoln C. Almond, Governor of Rhode Island. Thomas A. Thompson entered an appearance.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

TATEL, Circuit Judge:

Relying on the equal protection guarantees of the Fifth Amendment, the Narragansett Indian Tribe of Rhode Island challenges the constitutionality of legislation, known as the Chafee Amendment, that prohibits the National Indian Gaming Commission from authorizing gambling on Narragansett lands. We agree with the district court that far from illegitimately singling out the Narragansetts for discriminatory treatment, the Chafee Amendment represents...

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