Michigan v. Bay Mills Indian Community (12-515)
argument 12-515Michigan v. Bay Mills Indian Community
Supreme Court of the United States
1h 1m
6 speakers
8 chapters
transcribed 6 days ago
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What is the central issue being argued in Michigan v. Bay Mills Indian Community?
Argument first this morning in case twelve five fifteen, Michigan versus Bay Mills Indian Community. Mr. Birch?
Thank you, Mr Chief Justice, and may it please the Court. After Bay Mills' concession on the first question presented, the only issue is whether Bay Mills enjoys blanket immunity from suit when it engages in illegal, off-reservation, commercial conduct. And the answer is no for at least two reasons. First, it makes no sense that Congress intended states to have a federal injunctive remedy for illegal gaming on reservation, but no injunctive remedy if that gaming takes place on land that is subject to the state's exclusive jurisdiction. Second, uh tribes should not have greater immunity than foreign nations. There's no dispute that if France opened up an illegal business in Michigan, casino or otherwise, uh it would have no blanket immunity.
Council before you go on, could you address the jurisdiction question for me? I'm not sure Why you're here. The Odin junction that I see was entered on behalf of Little little traverses. And not on behalf of the state. But and so the counts that you are arguing about were added after the injunction was issued. But how do you have jurisdiction to add to argue someone else's injunction.
That's not quite correct, Justice Sotomayor.
Why does the argument assert that tribal immunity should not be blanket for off‑reservation commercial conduct?
Originally this case was filed as two separate lawsuits. Michigan was a plaintiff and then the other tribe was a plaintiff in a separate case. Those cases were consolidated, and then when the motion for injunction was filed, Michigan joined in that motion, filed a brief supporting it, and everyone proceeded under the assumption that both the tribe and the state were asking for the injunction.
That in fact is not what the district court said. The district court explicitly said in its order granting the injunction that the state hadn't filed an injunction, hadn't intervened and had only filed supporting papers in support of Little Traverse's case. I'm a little I'm very, very confused as I look at what the district court said, it explicitly said. You weren't part of the order.
Well again, they were consolidated cases. We were supporting the injunction.
ан тобі хер тоге Or to be joined together. I don't think the district court understood that this was going to be joined together. Why did it say what it did?
Well, I think it was everybody's understanding that these were joined together because the parties were pursuing the exact same issues. And so then once this went up to the Sixth Circuit, uh there there was no question in the Fifth Circuit.
Because once the the cases were consolidated and at that point we were even using the same docket entries, there was already a motion on file. And so there was no need to have a second motion. It was clear to everyone that the State of Michigan and the tribe were both pursuing that injunctive relief together. That's exactly the way the six of the treaty.
that it was dealing with both of you as parties.
Well everyone has proceeded up the chain, including in the Sixth Circuit opinion, on the assumption that it was consolidated, that Michigan was requesting an injunction. And in fact that kind of a procedural objection has never been raised by anybody, certainly not at the petition stage. No,
but we can't
we have
to, if we're not sure, raise any jurisdictional issue.
Sure.
Is that a jurisdictional objection or a procedural one?
Your Honor, it's a procedural objection. The only jurisdictional question in this case is whether there's federal question jurisdiction under thirteen thirty one, which has been conceded and and the United States agrees to that, and so I'm not going to spend my time on that. Where I would like to spend my time is on the scope of tribal immunity.
Before you do that, can you can you tell Tell us. Why?
How do the parties address the jurisdictional and procedural objections raised by the Court?
Michigan didn't resort to the dispute resolution means that the compact provided. But the compact said if there's a dispute, it'll be decided by arbitration. Michigan bypassed that.
That's correct, Justice Ginsburg. And and there were two reasons for that.
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Chapters
8 chapters
1
What is the central issue being argued in Michigan v. Bay Mills Indian Community?
0:00–1:24
2
Why does the argument assert that tribal immunity should not be blanket for off‑reservation commercial conduct?
1:24–4:01
3
How do the parties address the jurisdictional and procedural objections raised by the Court?
4:01–9:24
4
What role does the 1993 gaming compact’s arbitration clause play in the dispute?
9:24–14:48
5
How are foreign sovereign immunity cases (France, California, etc.) used to compare tribal immunity?
14:48–22:41
6
What remedies does the State of Michigan claim are available against illegal off‑reservation gaming?
22:41–31:09
7
How is the question of whether the land is “Indian land” determined and why does it matter?
31:09–39:08
8
What are the broader policy and congressional implications of modifying tribal immunity?
39:08–1:01:53