Legal Opinion

Ponca Tribe of Oklahoma v. Oklahoma

Court of Appeals for the Tenth Circuit

Decided September 2, 1994No. Nos. 92-6331, 93-2018, 93-2020 and 93-3110PublishedCited by 11 opinions

1Opinion of the Court

EBEL, Circuit Judge.

These appeals arise from the desire of four Indian tribes to develop gaming operations on their lands pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701, et seq.1 In the wake of failed negotiations to craft tribal-state compacts with Kansas, New *1425Mexico, and Oklahoma — the states in which the gaming would be situated — the tribes seek an injunction under IGRA requiring the states to negotiate compacts. We consider first, whether IGRA abrogates the states’ Eleventh Amendment immunity, and second, whether IGRA violates the Tenth Amendment. Because the…

2Cases cited39 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993

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3Cited by11 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
  3. Pueblo of Santa Ana v. KellyCourt of Appeals for the Tenth Circuit · 1997
  4. Mescalero Apache v. State of New MexicoCourt of Appeals for the Tenth Circuit · 1997
  5. Pueblo of Sandia v. BabbittDistrict Court, District of Columbia · 1999

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