Hopefully, the Silver Bullet has been fired: Supreme Court ruling raises questions about Cowlitz casino

The massive and damaging Barnett/Paskenta/Mohegan/Cowlitz megacasino would be a crushing financial and social blow to Clark County were ever to get approved.

The Cowlitz Tribe no more has a presence here then the fact that I drove through Orange County once gives me historical ties.

So the announcement that the US Supreme Court has narrowed application of the 1934 Indian Reorganization Act to tribes recognized at the time of passage comes as a pleasant surprise and a vicious blow to the few special interests interested in sucking our local economy dry.

The article speaks for itself. And contrary to avowed tribal supporters perspectives, I cheerfully disagree with their statement that this is not a probable "silver bullet."

Though Daniel Kearns, who has been fronting for LaCenter Mayor Jim Irish, avowed casino supporter tells us:

he had not read the decision, but suspects it will not be a “silver bullet” for casino foes because the tribe could argue it has been restored to federal recognition.

that has no application here, since the language of the decision indicates:

"Justice Clarence Thomas said in his majority opinion that the law “unambiguously refers to those tribes that were under the federal jurisdiction” when it was enacted."

That the Cowlitz came under federal jurisdiction 68 years later means they, and many other corporate tribes, are out of luck.

And thank God for it. To those of you who've wasted millions attempting to ram this garbage down our throats... my condolences.

Back to the drawing board, guys.



Supreme Court ruling raises questions about Cowlitz casino
Court limits federal ability to hold land in trust for tribes

Tuesday, February 24 | 11:57 a.m.

THE ASSOCIATED PRESS, THE COLUMBIAN

The U.S. Supreme Court on Tuesday limited the federal government’s authority to hold land in trust for Indian tribes, a victory for Rhode Island and other states seeking to impose local laws and control over development on Indian lands.

The court’s ruling applies to tribes recognized by the federal government after the 1934 Indian Reorganization Act.

The U.S. government argued that the law allows it to take land into trust for tribes regardless of when they were recognized, but Justice Clarence Thomas said in his majority opinion that the law “unambiguously refers to those tribes that were under the federal jurisdiction” when it was enacted.

The implications of Tuesday’s ruling for the proposed Cowlitz casino west of La Center were not immediately clear.

The federal government formally recognized the Cowlitz Indian Tribe in January 2002, some 68 years after passage of the Indian Reorganization Act.

Phil Harju, the tribe’s vice chairman and casino spokesman, said he and others were digesting the opinion and might have a statement later Tuesday.

Dan Kearns, La Center city attorney, said he had not read the decision, but suspects it will not be a “silver bullet” for casino foes because the tribe could argue it has been restored to federal recognition.

Tuesday’s ruling involves the Rhode Island-based Narragansett Indian Tribe and a 31-acre tract of land that the tribe purchased in rural Charlestown, about 40 miles south of Providence.

At issue was whether the land should be subject to state law, including a prohibition on casino gambling, or whether the parcel should be governed by tribal and federal law.

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