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David L. Gover Managing Attorney | Native American Rights Fund (NARF)

Supreme Court leaves tribal gaming compacts intact by denying RunItOneTime appeal

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In a decision seen as a major affirmation of Tribal sovereignty, the United States Supreme Court has declined to hear RunItOneTime LLC v. United States, leaving intact lower court rulings that upheld the Indian Gaming Regulatory Act (IGRA) and tribal gaming compacts in Washington state.

RunItOneTime, previously known as Maverick Gaming, had challenged the constitutionality of IGRA and sought to invalidate all tribal gaming agreements in Washington. The company’s legal team included attorneys who were also involved in the unsuccessful challenge to the Indian Child Welfare Act in Haaland v. Brackeen.

The Shoalwater Bay Tribe, whose compact was directly at risk, argued that any lawsuit seeking to overturn these agreements must include all affected Tribes as parties. Both the district court and the Ninth Circuit agreed with this position, ruling that absent Tribes were necessary participants in such litigation. With the Supreme Court’s refusal to review the case, those decisions remain binding and effectively end RunItOneTime’s legal efforts.

NARF represented the Shoalwater Bay Tribe before the Supreme Court alongside Jenner & Block LLP, Crowell Law Offices, and MThirtySix, PLCC.

Shoalwater Bay Tribe Chairman Quintin Swanson commented: “Maverick’s suit threatened Shoalwater’s bargained-for gaming compacts, its economic welfare, and its ability to fund critical government functions. We and other Tribes in Washington were the real parties in interest in this case, and the courts rightfully refused to allow Maverick to challenge our rights in our absence.”

Lenny Powell, staff attorney for NARF, stated: “The Supreme Court has once again rejected a meritless suit that sought to attack the very heart of tribal rights. At the Native American Rights Fund, we stand ready to defend against these attacks wherever they are filed.”

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