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STOCKBRIDGE-MUNSEE COMMUNITY v. WISCONSIN

No. 18-1449.

922 F.3d 818 (2019)

STOCKBRIDGE-MUNSEE COMMUNITY, Plaintiff-Appellant, v. State of WISCONSIN; Tony Evers, Governor of Wisconsin; and Ho-Chunk Nation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 30, 2019.

Attorney(s) appearing for the Case

Scott David Crowell , Attorney, Crowell Law Office — Tribal Advocacy Group, Sedona, AZ, Bridget M. Swanke , Attorney, Stockbridge-Munsee Community, Bowler, WI, Bryan Newland , Attorney, Fletcher PLLC, East Lansing, MI, for Plaintiff-Appellant.

Thomas C. Bellavia , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, Colin Thomas Roth , Attorney, Wisconsin Department of Justice, Special Litigation and Appeals, Madison, WI, for Defendant-Appellee State of Wisconsin, Scott Walker.

Lester J. Marston , Attorney, Rapport & Marston, Ukiah, CA, Jeffrey McIntyre , Attorney, Husch Blackwell, LLP, Madison, WI, for Defendant-Appellee Ho-Chunk Nation.

Before Easterbrook, Rovner, and St. Eve, Circuit Judges.

The Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-21, establishes a framework under which tribes may conduct gambling on land held in trust for their use. Some kinds of gambling may be conducted by every tribe, in every state, without prior approval. But class III gambling, which includes slot machines and...

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