United States Fifth Circuit

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State of Texas v. US, 05-50754

In Texas' challenge to procedures regarding the regulation of tribal gaming adopted by the Secretary of the Interior Department in light of the decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S. Ct. 1114 (1996), the court holds that Texas' case is ripe, the state has standing, and that the Secretary lacked authority to promulgate the regulations as they violate the unambiguous language of federal law and congressional intent by bypassing the neutral judicial process that centrally protects the state's role in authorizing tribal Class III gaming.

Appellate Information

  • Decided 08/17/2007
  • Published 08/20/2007

Judges

  • EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • William T. Deane, Asst. Atty. Gen. (argued), General Litigation Div., Austin, TX, for Plaintiff-Appellant., Bridget Garcia, U.S. Dept. of the Interior, Washington, DC, for U.S., U.S. Dept. of Interior and Dirk Kempthorne., Lane Madison McFadden (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, John Francis Paniszczyn, San Antonio, TX, for U.S., Edmund Clay Goodman (argued), Hobbs, Straus, Dean & Walker, Portland, OR, Jennifer Hughes, Hobbs, Straus, Dean & Walker, Washington, DC, for Kickapoo Traditional Tribe of Texas.

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