http://www.state.az.us./gv/news/releases/indgamdec.html
[Press Releases]
Press Release
NR 96:36
STATEMENT OF GOVERNOR FIFE SYMINGTON REGARDING THE UNITED STATES
SUPREME COURT DECISION - -
Seminole Tribe of Florida v. Florida
March 27, 1996
"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 1983 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."
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