that ICWA is valid under Congress’ Article I power. “[W]hen Congress enacts a valid statute pursuant to its Article I powers, 'state law is naturally preempted to the extent of any conflict with a federal statute.’ End of story.” The Court finally looked at petitioner’s claims that ICWA's placement preferences violated equal protection and the non-delegation doctrine. The Court did not reach the merits of these claims because they found the petitioners failed to show standing. As a threshold question, Plaintiffs must show that they have suffered an injury that is "fairly traceable to the defendant's alleged unlawful conduct and likely to be redressed by the requested relief." The Court held that neither the individual petitioners nor the State of Texas could pass that test. The decision is a truly remarkable victory for Indian Country and the protection of Native families. As Justice Gorsuch noted in his concurring opinion, "In affirming the constitutionality of ICWA, the Court safeguards the ability of tribal members to raise their children free from interference by state authorities and other outside parties. In the process, the Court also goes a long way toward restoring the original balance between federal, state, and tribal powers the Constitution envisioned.” Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin , 22–227 On June 15, 2023, the Supreme Court held, eight to one, that Native American tribes, like states and the federal government, must comply with the bankruptcy process. The Bankruptcy Code includes a provision that expressly abrogates the sovereign immunity of “governmental units” for specific purposes. The question before the court was whether this abrogation of government immunity also extends to federally recognized Indian tribes. The court found that Congress had conveyed its intent to abrogate tribal sovereign immunity in unequivocal terms, meeting the high bar to abrogate tribal sovereign immunity. The Supreme Court's ruling establishes that Native American tribes, akin to states and the federal government, must adhere to the bankruptcy process. By determining that the Bankruptcy Code's abrogation of sovereign immunity extends to federally recognized Indian tribes, the Court sought to maintain consistency and fairness in the treatment of creditors, while upholding statutory construction principles and the overall purpose of the bankruptcy system. Maverick Gaming LLC v. United States, et al (WA D.Ct. Feb. 21, 2023)— Maverick Gaming LLC, a Washington-based company that owns and operates 19 card rooms in the State of Washington, filed suit against the United States, the Department of Interior, Sec. Haaland, and Asst. Sec. Bryan Newland, and Washington state officials, for allowing tribes to engage in Class III gaming, including sports betting while prohibiting commercial, non-Indian entities from participating in such gaming. The State of Washington has approved gaming compacts with 29 Indian Tribes, with 16 of those compacts being amended and approved to permit sports betting, including “geo-fenced” sports betting that permits online wagers placed and accepted on Indian lands. The State of Washington’s criminal law prohibits commercial gaming operators, like Maverick, from offering sports betting. Maverick claims that the compact provides Tribes with a “monopoly over most forms of casino-style gaming” that is inconsistent with IGRA and federal criminal laws and violates the Constitution’s guarantee of equal protection by “irrationally and impermissibly discriminating on the basis of race and ancestry.” Maverick asked the court to vacate the Secretary’s approval of the compact amendments permitting sports betting. The case was initially filed in the U.S. District Court for the District of Columbia. However, in May of 2022, the D.C. District Court granted the State of Washington’s change of venue motion to transfer the case to the U.S. District Court for the Western District of Washington. On October 3, 2022, the Shoalwater Bay Indian Tribe (“Shoalwater”) intervened in the case and filed a motion with the Western District of Washington to dismiss for failure to join a required party. On February 21, 2023, the U.S. District Court Western District of Washington granted the motion to dismiss based on Maverick’s failure to join Shoalwater as a necessary party. The district court found that: Shoalwater was
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