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Maine High Court Seeks Comment On Whether It Should Consider Indian Gaming Question

Just before it adjourned earlier this month, the Maine House of Representatives passed an order asking the Maine Supreme Court to interpret a U.S. Supreme Court ruling that could allow casino gambling on tribal lands without state approval.  The 1987 ruling at the center of the request said that California state government had no right to regulate gambling on tribal lands. 

Tribal state Rep. Henry Bear of the Houlton Band of Maliseet Indians introduced the order, which asks the Maine Supreme Court for an advisory opinion on whether the ruling applies to his tribe. 

The law court is asking interested groups or individuals to file comments on whether the request qualifies as a so-called “solemn occasion”  as laid out in the state Constitution.

It is a high bar, as the matter must be of a serious and immediate nature, and based on an pending issue. The court wants written arguments by Oct. 12, and responses to those arguments by Oct. 26.

Journalist Mal Leary spearheads Maine Public's news coverage of politics and government and is based at the State House.