Court opinion could free Maine tribes to open casinos without state approval

Christopher Cousins, Special to The County
6 years ago

The Maine House of Representatives is scheduled Tuesday to consider asking the Maine Supreme Judicial Court whether Maine’s Native American tribes can operate casinos without state approval.

Rep. Henry John Bear, who does not have a vote in the Legislature but who represents the Houlton Band of Maliseets, has proposed the order while the Legislature is considering a bill that would open gaming opportunities for the tribes. Bear argues in his order that a 1987 U.S. Supreme Court decision about a case in California lifted gaming restrictions on U.S. tribal reservations.

Under the Maine Constitution, the governor, House or Senate can ask the Supreme Judicial Court to “give their opinion upon important questions of law, and upon solemn occasions.” That means Bear’s order only needs approval in the House and not from the Senate or governor.

“The time is right,” Bear said Monday. “I think the court will see this as the opportunity to help balance the relationship that has gone off the path and that they’ll see this as saving lives [by funding public health programs] and helping to bring about healing.”

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