"Today, the U.S. Supreme Court issued its much anticipated decision in the Seminole Tribe case out of Florida. The decision is a clear vindication of state sovereignty.

"Since the enactment of IGRA, states have been taking judicial "hits" when they have dared to assert their 11th Amendment Constitutional Right to immunity against suit without their consent.

"The United States Supreme Court has finally had the opportunity to say that the 11th Amendment means what it says - - even in the context of the Indian Gaming Regulatory Act.

"In reconfirming state sovereign immunity and recognizing limits on Congressional authority over states, the Supreme Court went so far as to overrule itself in a case that is less than 10 years old. This represents a real states' rights victory.

"Since 1994, the Arizona Legislature has directed me to preserve the constitutional 10th and 11th amendment rights when negotiating gaming compacts. I will continue to do so - - but now with the blessing of the Supreme Court in this case.

"As to the Salt River Pima-Maricopa Indian Community's current lawsuit against the State, this decision clearly supports our position that the Tribe lacks the authority to sue the state under IGRA. We hope that this ruling will result in the U.S. District Court dismissing those parts of the Salt River Tribe's lawsuit brought under IGRA.

"The Court will still need to deal with the Tribe's =A71983 civil rights claims. But those will also have to fall because of constitutional and statutory notions of immunity. In any event, I am confident that the state has done nothing to infringe on the constitutional rights of any person or entity and at all times acted in good faith under existing law.

"This includes reliance, in particular, on the 9th Circuit's Rumsey decision, which holds that a state does not have to offer an Indian Tribe gambling activities which it does not allow off-reservation.

"Depending on how the court ultimately deals with the application of Rumsey to Arizona law, there may or may not be an impact on the existing Compacts with other Arizona Tribes. I will say again today that it is not my present intention to take any action with respect to those Compacts."

Source:
http://www.state.az.us./gv/news/releases/indgamdec.html

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