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June 21, 2021: CLUB ONE CASINO, INC., ET AL., PETITIONERS v. DEB HAALAND, SECRETARY OF THE INTERIOR,

On Monday June 21, 2021 the United States Supreme Court denied certiorari without explanation. The argument being proposed is that the taking of land for tribes violates the Enclaves Clause, by taking land out of the state’s jurisdiction and making it exclusive federal/tribal jurisdiction. In the DOJ answers that question “[w]hen land is taken into trust by the federal government for Indian tribes, the federal government does not obtain such categorically exclusive jurisdiction over the entrusted lands.” Upstate Citizens, 841 F.3d at 571. As this Court has explained, Indian reservation lands do not fall within the Enclave Clause because “the lands remain part of [the state’s] territory and within the operation of her laws,” particularly as applied to non-Indians. Surplus Trading Co. v. Cook, 281 U.S. 647, 650 (1930); see Nevada v. Hicks, 533 U.S. 353, 361 (2001) (“State sovereignty does not end at a reservation’s border.”) Laws that apply: Criminal law, DMV, Acholic Beverage Control, permits for egress/ingress, marriage/divorce,

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