| The
United States Supreme Court loathes tribal sovereign immunity, to the point
that they have told Congress and other courts to get rid of it. Gaming
tribes, thanks to their campaign contributions, would appear to have bought
themselves politicians from the local level up to state and national levels.
Many of these “public officials” would gladly hock their front seat in
hell to stay in power, so rest assured they are not about to bite the hands
that are feeding their campaign coffers.
Fortunately, some courageous federal and state courts have gotten the message, and are reviewing documents and laws with micro-scopes, looking for accidental waivers. When bingo games and then casinos came to reservations, so did everything else connected with legal gaming, including contracts for constructing buildings and managing operations, labor and supplier disputes, and hundreds of thousands of visitors. Sadly, “sovereign immunity” was used, by the tribes to avoid paying contractors, etc. for materials and work preformed. During the 19th century Indians in North America were, according to Dr. James Clifton a renowned anthropologist, “disorganized roving bands of nomads.” Amazing, is probably the proper word to use to describe how bleeding heart politicians managed to change roving bands of nomads into “Sovereign Nations.” The United States Supreme Court has indicated antagonism toward tribal claims of sovereign immunity. It has declared that tribes, unlike foreign nations, cannot be sued for purely commercial activities. But this declaration seems to many observers to have been designed to tell Congress to abolish the sovereign immunity doctrine. The high court has also sent a message to lower courts that they should find ways to declare that Congress and/or the tribes themselves have waived tribal immunity. To make sure other courts got the message, the nation’s highest Court declared that mistakes count: If a tribe signs a contract incorporating a state’s laws or the rules of the American Arbitration Association, the court should find that the tribe has “clearly” waived its immunity–even if that was not the intent of the tribe’s lawyers. |
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