By Caitlin McGlade | The Republic | azcentral.com
Arizona officials want to delay their appeal to stop the Tohono O’odham Nation’s proposed West Valley casino until the United States Supreme Court rules on a case out of Michigan that could weaken rights across Indian Country.
Waiting for that decision could mean delaying Arizona’s appeal until late spring.
The heart of the argument by the state and two Valley tribes is that opening the casino would violate a 2002 state compact they say implicitly bars more casinos from opening in the Phoenix area. A U.S. District Court judge ruled this spring that the proposed casino would not break the compact, which does not explicitly include such a prohibition.
The state and its allies appealed that decision, but this month asked the U.S. 9th Circuit Court of Appeals to wait until the Supreme Court case plays out.
Tohono O’odham lawyers call the requested delay unfair, arguing that the state and others have used legal delays to “thwart the Nation’s rights,” according to a Nov.11 filing.
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