Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. United States

OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action for declaratory relief in which three Wisconsin Indian tribes, Lac Courte Oreilles Band of Lake Superi- or Chippewa, Red Cliff Band of Lake Superior Chippewa and Sakaogon Chippewa Community or Mole Lake Band of Lake Superior Chippewa, are challenging the constitutionality of the gubernatorial concurrence requirement in the Indian Gaming Regulatory Act, ' 25 U.S.C. § 2719(b)(1)(A). Plaintiffs contend that Congress’s inclusion of such a provision is an unconstitutional delegation of power, or, alternatively, that it violates the…