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MichGo?s attorney asserts a plan to file a cert petition (see below the fold for the news article), and even boasts that he has three votes for cert already ? Scalia and Thomas because they dissented in the South Dakota case in 1996, and Roberts because he represented a party making a nondelegation claim to 25 U.S.C. sec. 465 in 1999/2000. This is spurious, given very recent events. The Department of Interior just issued nearly-final IGRA Section 20 regulations. These were t, technorati.com

We don?t have the petition yet, but here?s the D.C. Circuit clerk?s order and the article from ICT: WASHINGTON - In what will likely be the last of its many legal challenges, an anti-Indian casino group has asked a federal appeals court to determine if a law that has been restoring swindled and expropriated indigenous land to Indians for almost 75 years is constitutional. Michigan Gambling Opposition, or MichGO, petitioned the U.S. District Court of Appeals for the District of Columbia May 1, technorati.com

We don?t have the petition yet, but here?s the D.C. Circuit clerk?s order and the article from ICT: WASHINGTON - In what will likely be the last of its many legal challenges, an anti-Indian casino group has asked a federal appeals court to determine if a law that has been restoring swindled and expropriated indigenous land to Indians for almost 75 years is constitutional. Michigan Gambling Opposition, or MichGO, petitioned the U.S. District Court of Appeals for the District of Columbia May 1, technorati.com

Here is the order ? michgo-rehearing-denial Three judges (Sentelle, Griffith, and Rogers) voted to rehear the case en banc, three short of the necessary votes. Of course, that semi-near miss gives the attorneys for MichGO fodder for making noise about a cert petition (see news report here). I really have to think that this case is getting so much attention ? not because of the merits of the case ? but because these same lawyers have been working on three cases so far (TOMAC, CETAC, and now M, technorati.com

Jump to Comments From TV: ALLEGAN COUNTY, Mich. (NEWSCHANNEL 3) - The Chief Justice of the Supreme Court has dealt a blow to the West Michigan tribe trying to build a casino near Wayland. Justice John Roberts has denied the tribe?s request to vacate a stay issued by a Washington DC circuit court. That court said that the tribe would have to wait until after the Supreme Court hears the latest challenge from the anti-gambling group MichGO. Many speculate that Roberts? decision is an indication th, technorati.com