8/20/19
JUDICIAL DEFERENCE… FINALLY! The 10 th Circuit scrutinized the 2002 definitions and found that they were a “permissible construction of the statute” and accorded them “controlling weight” based on at least six factors, including that:
[T]he NIGC’s relatively inclusive reading of § 2703 has some support in IGRA’s legislative history . . . the NIGC’s construction is not an unreasonable choice in the sense that the NIGC has adopted the reading of an ambiguous statute that is ostensibly more likely to expand the pool of tribal revenue through greater gaming variety and offerings . . . the NIGC may also wish to interpret ambiguities in IGRA so as to narrow its demanding oversight mandate . . . [and] perhaps the best evidence of the reasonableness of the NIGC’ construction is the favorable reception it has already received in the federal courts.” Seneca-Cayuga Tribe of Oklahoma v. National Indian Gaming Commission , 327 F.3d 1019 (10th Cir. 2003).
NIGC “BLESSING” OF ELECTRONIC CLASS II GAMING
• The Class II Technical Standards at 25 C.F.R. Part 547 set forth the minimum technical standards governing the use of electronic, computer, or other technologic aids in connection with the play of Class II games. • The promulgation of the Class II Technical Standards made clear that Class II gaming in an electronic format is lawful and permitted under IGRA.
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