IDAHO v. COEUR D'ALENE TRIBE

No. 14-35753.

794 F.3d 1039 (2015)

State of IDAHO, a sovereign State of the United States, Plaintiff-Appellee, v. COEUR D'ALENE TRIBE, a federally recognized Indian tribe, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2015.


Attorney(s) appearing for the Case

Joseph H. Webster (argued) and F. Michael Willis , Hobbs, Straus, Dean & Walker, LLP, Washington, D.C.; Howard Funke and Kinzo Mihara , Howard Funke & Associates, PC, Coeur d'Alene, ID, for Defendant-Appellant.

Hon. Lawrence G. Wasden , Attorney General, Steven L. Olsen , Chief of Civil Litigation, Clay R. Smith (argued) and Tim A. Davis , Deputy Attorneys General, Boise, ID; Cally A. Younger , Office of the Governor, Boise, ID, for Plaintiff-Appellee.

Scott D. Crowell and Bruce Didesch , Crowell Law Offices, Tribal Advocacy Group, Sedona, AZ; William Bacon , Office of the Reservation Attorney, Shoshone-Bannock Tribes , General Counsel, Fort Hall, ID, for Amicus Curiae Shoshone-Bannock Tribes.

Before: MICHAEL DALY HAWKINS, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

The Coeur d'Alene Tribe ("Tribe") appeals the preliminary injunction prohibiting the Tribe from offering Texas Hold'em ("Hold'em") poker. The Tribe argues that tribal sovereign immunity was not abrogated and that venue was improper under the terms of the...

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