As regular visitors to this site and other Indian country media outlets no doubt have seen in recent weeks, Native nation leaders, tribal attorneys, and federal Indian law practitioners alike are gravely concerned about a case currently pending before the Supreme Court: State of Michigan v. Bay Mills Indian Community.

The case involves the Bay Mills Indian Community, a federally recognized tribe located not far from the U.S.-Canadian border in northern Michigan. In November 2010, Bay Mills opened a gaming facility about 125 miles south of its reservation on a small parcel of property it had recently purchased. Situated along an interstate highway, the facility was located just 35 miles from a casino owned and operated by the Little Traverse Bay Bands of Odawa Indians (LTBBO). Bay Mills’ decision to open the gaming facility caught both LTBBO and the State of Michigan by surprise, as Bay Mills Indian Community decision-makers had not followed the usual formal process of putting the off-reservation land into trust before opening the facility...