California’s Supreme Court judges agreed to disagree yesterday over tribal sovereignty and immunity. Unfortunately for the Agua Caliente band its challenge to California’s Political Reform Act was defeated by one vote. The tribe had claimed that its federally recognized authority granted it immunity from legal action. The three dissenting judges claimed that there were other ways to ensure that Californian residents knew about political donations made by tribes, such as the requirement for recipients to reveal the source.

They also commented that the power to modify sovereignty laws rested with Congress and not with the Californian state. The four judges who dismissed the claims of immunity said that to allow tribal members to participate in state electoral process, by making political donations, whilst leaving the state powerless to guard against corruption was an indefensible position. The Agua Caliente Chairman expressed the tribe’s disappointment in the 4-3 ruling against it.

It is only since the rise of tribal casinos that the Indian nations have been able to exert some influence over the US political system. Before that there were only lone voices crying in the wilderness, and the plight of many tribal peoples was largely ignored. With wealth generated from casinos has come the ability to lobby, a political weapon much used by private interests for many decades. An estimated US$200 million at least has been spent by tribes over the last ten years on campaigns to improve their earning capability.

The Agua Caliente band is likely to appeal the California Supreme Court ruling to the US Supreme Court and it could win its case. Previous rulings have declared tribes immune from state lawsuits and have so far rejected all attempts to limit immunity that did not originate in Congress. However, the tribe may opt to concede this relatively narrow case in order to maintain good relations within California. (E-12.22.06)

© Copyright 2006 CasinoCompendium



>>> return to archives
>>> return to frontpage