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Fitch: Supreme Court Decision in Patchak Case Has Mixed Credit Implications for Gaming Sector

On June 18, 2012, the Supreme Court ruled 8-1 that David Patchak, an individual, has standing and can file suit against the government's decision to take land into trust on behalf of a Native American tribe. The court offered no conclusions regarding the merits of Patchak's case; it simply allows the case to proceed in the lower courts. Fitch believes this ruling has several key credit implications for the gaming sector:

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Supreme Court

4/27/2013

article OP/ED: Scalia’s limited understanding of the Voting Rights Act
(Washington D.C.) -- Gary May is a history professor at the University of Delaware and the author of “Bending Toward Justice: The Voting Rights Act and the...

4/2/2013

article Supreme Court Rejects Ward Churchill Appeal Without Comment
(Washington D.C.) -- Some civil libertarians may be upset—but likely won’t be surprised—at the U.S. Supreme Court’s decision April 1 to decline,...

3/18/2013

article Justices Appear Divided on Arizona Voting Law
(Washington D.C.) -- The Supreme Court appeared divided along familiar lines on Monday as it heard arguments over whether Arizona can require proof of citizenship from...

3/17/2013

article U.S. Supreme Court to weigh Arizona voter registration case
(Arizona) -- Arizona will argue before the Supreme Court on Monday that it is within its rights to demand voters show proof of U.S. citizenship to register to vote in...

3/12/2013

article Native American Voter Rights in Arizona Brought Before High Court
(Washington D.C.) -- The Supreme Court is set to hear oral arguments for Arizona v. Inter Tribal Council of Arizona Monday, March 18. Following closely on the heels of...

3/11/2013

article Arizona’s proof of citizenship voter registration requirement heads for Supreme Court review
(Washington D.C.) -- To Arizona Attorney General Tom Horne, the state law requiring proof of citizenship for voter registration is “common sense,” not a...
article The Scalia Court and Voting Rights, Part 2
(Washington D.C.) -- With Justice Antonin Scalia's controversial statement that the Voting Rights Act represents the "perpetuation of racial entitlement"...

3/1/2013

article HORSEY: Scalia's slam of the Voting Rights Act is a bar-stool rant
(California) -- U.S. Supreme Court Justice Antonin Scalia is alleged to be one of the great intellects of conservative jurisprudence, but his comments during oral...

2/25/2013

article Experts Debate Effects of Voting Rights Act Provision on Native Americans
(Washington D.C.) -- Days before the U.S. Supreme Court was set to hear arguments in Shelby County v. Holder, a case challenging the constitutionality of Section 5 of...
article Sotomayor chides prosecutor for ‘racially charged’ question
(Texas) -- Supreme Court Justice Sonia Sotomayor accused a Texas federal prosecutor Monday of tapping into a “deep and sorry vein of racial prejudice” in his...

1/29/2013

article Antonin Scalia: The Constitution is 'dead'
(Texas) -- Supreme Court Justice Antonin Scalia says the Constitution is “dead, dead, dead,” rather than a “living document.”
article Scholars scoff at Scalia claim
(Washington D.C.) -- Legal scholars on Tuesday questioned the suggestion by Supreme Court Justice Antonin Scalia - who branded the Constitution a “dead, dead, dead...

1/14/2013

article Supreme Court denies RNC bid to end voter fraud consent decree
(Washington D.C.) -- The Supreme Court has refused to lift a 30-year consent decree that bars the Republican National Committee from targeting racial and ethnic...

11/27/2012

article Supreme Court won't hear suit over Miccosukee Tribe casino
(Florida) -- The U.S. Supreme Court today rejected a petition in Furry v. Miccosukee Tribe, a case involving the Miccosukee Tribe's casino.

11/9/2012

article BLOG: Court to rule on voting rights law, DNA case (FINAL UPDATE)
(Washington D.C.) -- Acting three days after the nation’s minority voters showed that they have increased and still growing power in U.S. elections, the Supreme...
article Justices to Revisit Voting Act in View of a Changing South
(Washington D.C.) -- The Supreme Court announced on Friday that it would take a fresh look at the constitutionality of the Voting Rights Act of 1965, one of the...
article Supreme Court to review key section of Voting Rights Act
(Washington D.C.) -- The Supreme Court said Friday it will review a key provision of the Voting Rights Act that has been the federal government’s most forceful...

10/29/2012

article Supreme Court refuses to take Kimberly Craven's Cobell appeal
(Washington D.C.) -- The U.S. Supreme Court today rejected one appeal in the $3.4 billion Cobell trust fund settlement.

10/9/2012

article Samish Indians Lose Claim for Past Benefits
(Washington D.C.) -- The Supreme Court on Tuesday unraveled a decision that would have let a tribe seek compensation for the benefits to which it would have been...
article 2 court battles on affirmative action could affect admissions at Michigan schools
(Michigan) -- Nearly a decade ago, attorneys representing the University of Michigan stood in front of the U.S. Supreme Court defending how the school used race in its...
article WASHINGTON POST: Why the high court should back race-based college admissions
(Washington D.C.) -- THE SUPREME COURT will consider Wednesday its biggest affirmative action case in a decade when the justices examine the suit of Abigail Fisher, a...

9/29/2012

article Supreme Court Faces Crucial Rulings in Coming Term
(Washington D.C.) -- The Supreme Court returns to the bench on Monday to confront not only a docket studded with momentous issues but also a new dynamic among the...

9/17/2012

article From Justice Thomas, a Little Talk About Himself and the Court
(Washington D.C.) -- Justice Clarence Thomas has not asked a question from the bench in more than six years, and he seldom appears in public in Washington, a city he...

9/16/2012

article Thomas concedes that ‘we the people’ didn’t include blacks
(Washington D.C.) -- It is true, Justice Clarence Thomas acknowledged the other night, that the “we the people” extolled in the Constitution 225 years ago...

9/5/2012

article Scalia tells audience at UNLV he's 'proponent of originalism'
(Las Vegas) -- U.S. Supreme Court Justice Antonin Scalia described himself as "a proponent of originalism" Wednesday during a lecture to law students and...

8/13/2012

article Administration urges justices to continue college affirmative action admissions
(Washington D.C.) -- The Obama administration urged the Supreme Court on Monday to continue to allow universities to take race into account when assembling their student...

6/28/2012

article Court ruling a boon to Tribal health care
(Alaska) -- While SEARHC and Sitka Community Hospital share many of the same obligations to provide care without regard for a patient’s ability to pay, there is...
article Tribal group lauds high court's health care ruling
(Washington D.C.) -- A national tribal advocacy group is praising the U.S. Supreme Court's ruling that essentially upholds President Barack Obama's health care...
article US Supreme Court Upholds Indian Health Law and Larger Obama Health Law
(Washington D.C.) -- In a major victory for the Obama administration, the individual mandate of the Affordable Care Act (ACA) of 2010 has survived under the taxing power...

6/27/2012

article High Court: Feds to Contract with Tribe
(Washington D.C.) -- In another win for tribal self-determination, the U.S. Supreme Court declined to hear a government appeal concerning the Southern Ute Indian Tribe...
article Did Justice Antonin Scalia go too far this time?
(Washington D.C.) -- Justice Antonin Scalia has never been shy about saying what he thinks and never reluctant to criticize those he disagrees with.
article WASHINGTON POST: Justice Scalia’s partisan discredit to the court
(Washington D.C.) -- IN ALEXANDER HAMILTON’S memorable formulation, the federal judiciary is “the least dangerous branch.” Unlike Congress and the...
article Age of Justices Raises Stakes of Presidential Vote
(Washington D.C.) -- Justice Ruth Bader Ginsburg is not known for delivering laugh lines. But she drew chuckles from a group of liberal lawyers not long ago while...

6/25/2012

article Uncle Sam Owes Yet More Money to Tribes
(Washington D.C.) -- The Department of Health and Human Services may owe more than $2.6 million in contract shortfalls demanded by an Alaskan Native American group, the...
article Court decision could have wide-ranging effect on tribes, casinos
(Washington D.C.) -- A lawsuit seeking closure of the tiny Gun Lake casino in Michigan could have a major effect on the nation's Indian casino market, an industry...
article Supreme Court’s Montana decision strengthens Citizens United
(Montana) -- The Supreme Court has struck down a Montana ban on corporate political money, ruling 5 to 4 that the controversial 2010 Citizens United ruling applies to...

6/22/2012

article Court decision could have wide-ranging effect on tribes, casinos
(Washington D.C.) -- With the U.S. Supreme Court stepping aside, a lawsuit seeking to shut down the Gun Lake casino in Michigan, which was developed and managed by...
article CN could receive millions via Supreme Court ruling
(Oklahoma) -- The Cherokee Nation could get back approximately $40 million thanks to a June 18 U.S. Supreme Court ruling calling for the federal government to fully...
article Feds Owe Tribes $1 Billion For Shorting Contract Payments
(Arizona) -- The federal government could owe Native American tribes, including the Navajo Nation, up to $1 billion under a ruling by the U.S. Supreme Court that the...

6/21/2012

article LEGAL ANALYSIS: Supreme Court Decision May Make it Easier to Challenge IRA Land-Into-Trust Acquisitions
(Washington D.C.) -- On Monday, June 18, 2012, the U.S. Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S....
article Ramah wins landmark case in U.S. Supreme Court
(New Mexico) -- A promise is a promise, even when it comes from the federal government, according to a decision released this week by the U.S. Supreme Court in a case...
article Supreme Court Decision Affects Tribal Lands in Michigan
(Michigan) -- A decision this week by the U.S. Supreme Court is seen as a setback for Indian tribes. The case involves the Gun Lake Tribe and its casino near Grand...

6/20/2012

article High Court: Tribes Can Recoup Millions
(New Mexico) -- Promises made must be kept — even when the government has overcommitted funds, the U.S. Supreme Court ruled this week in a 22-year-old contract...

6/19/2012

article ANALYSIS: U.S. Supreme Court Rules in Favor of David Patchak in Tribal Casino Lawsuit
(Washington D.C.) -- The U.S. Supreme Court today ruled in favor of a concerned Wayland citizen and returned the fate of the Gun Lake Casino to a federal trial court.
article Cherokee Nation Pleased With Supreme Court Decision
(Washington D.C.) -- The Principal Chief of the Cherokee Nation says he is pleased with a US Supreme Court decision Monday that says the government must fully reimburse...
article FLETCHER: Quick and Dirty Commentary on Patchak
(Washington D.C.) -- Four points on today’s decision in Patchak. First, the SG lost yet another case while acting as tribal trustee. The trust responsibility is in...
article Native Americans to get millions after 'big victory' in Supreme Court
(Washington D.C.) -- The Supreme Court has ruled that the government must fully reimburse Native American tribes for millions of dollars they spent on federal programs.
article Ruling could slow development of some Indian casinos
(Washington D.C.) -- Wall Street analysts say a U.S. Supreme Court ruling could stall development of some Indian casinos around the country — a situation that...
article Supreme Court Rules Feds Must Pay Up On Contracts With Tribes
(Washington D.C.) -- Northwest tribes stand to receive big payments from the federal government after a U.S. Supreme Court decision Monday. Here’s the upshot of...
article Supreme Court: Government Must Pay Tribal Contract Support Costs
(Washington D.C.) -- In all the outrage over the U.S. Supreme Court’s anti-tribal findings in Patchak on June 19, it was easy to miss a much friendlier decision,...
article Supremes’ Ruling Opens Floodgates to Challenges of Indian Land Trust Acquisition
(Washington D.C.) -- The U.S. Supreme Court has ruled that an individual has standing to sue the Interior Department for taking land into trust for the Match-E-Be-Nash-...
article Victory for Native American Tribes as court rules government must pay owed millions
(Washington D.C.) -- The government must pay Native American tribes for the money they spent on federal programmes, the Supreme Court has ruled.
press release Fitch: Supreme Court Decision in Patchak Case Has Mixed Credit Implications for Gaming Sector
(New York) -- On June 18, 2012, the Supreme Court ruled 8-1 that David Patchak, an individual, has standing and can file suit against the government's decision to...

6/18/2012

article Court to U.S.: Pay the tribes in full
(Washington D.C.) -- The U.S. Supreme Court ruled 5-4 Monday the federal government must pay Indian tribes for failing to fully fund services, but conceded it's now...
article Native American tribes owed millions from government, Supreme Court rules
(Washington D.C.) -- Native American tribes are celebrating a major victory in their battle for equal treatment after the US supreme court ruled that the government...
article Native Americans in court victory over US government
(Washington D.C.) -- In a victory for the Navajo Indians and several other tribes, the top court ruled by five to four the government must reimburse in the full the...
article Supreme Court Rules Feds Must Pay Up On Contracts With Tribes
(Washington) -- Northwest tribes stand to receive big payments from the federal government after a U.S. Supreme Court decision Monday. Here’s the upshot of the...
article Supreme Court says tribes must be fully reimbursed
(Washington D.C.) -- The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
article Supreme Court Supports Tribes in Reimbursement Dispute in Ruling with Unusual Lineup
(Washington D.C.) -- The lineup is unusual in a U.S. Supreme Court decision today supporting Native American tribes in a dispute with the federal government.
article U.S. Must Cover Tribal Funding Shortfalls
(Washington D.C.) -- The government must cover 17 years worth of funding shortfalls meant to support programs that help Native American tribes, the Supreme Court ruled...

2/21/2012

article GAO report confirms big declination rate in Indian Country cases
(Washington D.C.) -- Federal prosecutors turn down 50 percent of cases in Indian Country, the Government Accountability Office reported.
article Supreme Court asks for state reply in Public Law 280 case
(Washington D.C.) -- The U.S. Supreme Court is asking the state of Minnesota for a reply in Beaulieu v. Minnesota, a Public Law 280 case. David Beaulieu, a member of the...
article Supreme Court declines Ute Mountain Ute Tribe's tax case
(Washington D.C.) -- The U.S. Supreme Court today declined a petition in Ute Mountain Ute Tribe v. Padilla, a taxation case.
article Supreme Court won't hear tribal court jurisdiction dispute
(Washington D.C.) -- The U.S. Supreme Court today denied a petition in Gustafson v. Poitra, a tribal jurisdiction case.

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