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December 18, 2020: CLUB ONE CASINO, INC., dba CLUB ONE CASINO, GLCR, INC., dba THE DEUCE LOUNGE AND CASINO v. Secretary of the Interior and others

PETITION FOR WRIT OF CERTIORARI The questions presented by this petition relate to fundamental questions of State sovereignty over State lands: 1. Does the Indian Reorganization Act, 25 U.S.C. § 5108, by authorizing the Secretary of the Interior “in his discretion” to acquire lands “for the purpose of providing land for Indians,” silently operate, by virtue of a simple transfer of title, to divest States of their inherent and exclusive jurisdiction over such acquired lands and transfer it, without State cession or consent, to a tribe? AND, 2. If the Indian Reorganization Act, 25 U.S.C. § 5108, is read to unilaterally transfer State jurisdiction to the federal government and tribes, did Congress have the power to do so under the Indian Commerce clause, art. I, § 8 of the Constitution, notwithstanding other constitutional provisions limiting federal usurpation of State lands, e.g., art. IV, § 3 (no involuntary reduction or combination of a State’s territory), art. I, § 8, cl. 17 (requiring State consent to federal enclaves), and the Tenth Amendment

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