Tulalip Tribes of Washington v. State of Washington

BACKGROUND

I. THE LEGAL FRAMEWORK OF TRIBAL GAMING

This dispute occurs against the backdrop of many iterative changes to tribal–state gaming compacts, so we begin with the basics of tribal gaming. The Indian Gaming Regulatory Act (“IGRA”), which was passed by Congress in 1988, provides a framework for “the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). IGRA “provide[s] a statutory basis for the regulation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the Indian tribe is the primary beneficiary of the gaming operation, and to assure that gaming is conducted fairly and honestly by both the operator and players.” Id. § 2702(2).

Under IGRA, lawful gaming is divided into three classes, each of which is subject to different regulations. We have previously summarized the classes:

Class I gaming covers “social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as part of, or in connection with, tribal ceremonies or celebrations.” 25 U.S.C. §…