In a significant victory for Tribal sovereignty, the United States Supreme Court today denied cert in RunItOneTime LLC v. United States, a challenge to the constitutionality of the Indian Gaming Regulatory Act. Using some of the same attorneys who unsuccessfully challenged the constitutionality of the Indian Child Welfare Act in Haaland v. Brackeen, RunItOneTime (formerly known as Maverick Gaming) asserted broad and baseless arguments intended to demolish the legal foundations of federal Indian law. It sued federal and Washington state officials and asked for an order invalidating all tribal gaming compacts in Washington state.
The Shoalwater Bay Tribe—a Tribe in Washington whose gaming compact was challenged—maintained that dismissal was required for failure to join the Tribes in Washington. The district court and the Ninth Circuit agreed, holding that the absent Tribes were necessary and indispensable parties to this suit seeking to invalidate their gaming compacts. By denying cert, the Supreme Court has ensured those decisions will stand and brought a conclusive end to RunItOneTime’s case. NARF represented the Shoalwater Bay Tribe before the Supreme Court, alongside Jenner & Block LLP, Crowell Law Offices, and MThirtySix, PLCC.
“Maverick’s suit threatened Shoalwater’s bargained-for gaming compacts, its economic welfare, and its ability to fund critical government functions. We and other Tribes in Washington were the real parties in interest in this case, and the courts rightfully refused to allow Maverick to challenge our rights in our absence,” said Shoalwater Bay Tribe Chairman Quintin Swanson.
“The Supreme Court has once again rejected a meritless suit that sought to attack the very heart of tribal rights. At the Native American Rights Fund, we stand ready to defend against these attacks wherever they are filed,” said NARF Staff Attorney Lenny Powell.
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