Tribal casino operators ride dizzying legal roller-coaster

Tribes were in for a two-front legal battle these past few days – one of which involves a gaming pact with the California state government while the other tackled the debate on whether National Labor Relations Board (NLRB) has authority over Native American enterprises on tribal land.

In Washington, D.C., tribes suffered a major setback after the U.S. Supreme Court (SC) tossed out Soaring Eagle Casino and Resort’s petition aimed to overturn a U.S. Court of Appeals decision, which recognized NLRB’s authority over Native American businesses.

Legal news website The National Law Journal reported that the SC declined to rule on the issue of NLRB’s clout over tribes and instead left in place the appellate court’s ruling that favored the labor board.

The case stemmed from the two-pronged appeals court ruling on NLRB’s clout on tribal casinos. One appeals panel ruled in June 2015 that the NLRB had jurisdiction over a casino run by the Little River Band of Ottawa Indians on reservation land. But another panel, which handled the case of Soaring Eagle, disagreed with the Little River decision but said it was bound by it and ruled for the labor board.