United States v. Santee Sioux Tribe of Nebraska, a Federally Recognized Indian Tribe

BOWMAN, Circuit Judge.

The United States appeals the judgment of the District Court denying the government’s request for an injunction and refusing to enforce the temporary closure order of the Chairman of the National Indian Gaming Commission (“NIGC” or “Commission”) to prevent the Santee Sioux Tribe of Nebraska (“the Tribe”) from operating a gambling casino on the Tribe’s reservation. We reverse.

I

In 1988, Congress enacted the Indian Gaming Regulatory Act (“IGRA”), Pub.L. No. 100-497, 102 Stat. 2467 (1988) (codified as amended at 25 U.S.C. §§ 2701-2721 (1994); 18 U.S.C. §§ 1166-1168 (1994)),…