US urges Supreme Court to deny review in Maverick Gaming tribal case

The US government has asked the Supreme Court to turn down Maverick Gaming LLC’s petition in its fight over tribal gaming rights in Washington State. The Justice Department admitted the Ninth Circuit’s reasoning had problems but said this case isn’t the right way to settle the issue.

The dispute started in 2020 when Washington updated its laws to let tribal casinos, but not private cardrooms, change their gaming compacts to allow sports betting. Maverick Gaming, which owns cardrooms in the state, sued the Department of the Interior after the agency approved those changes.

Both the district court and the Ninth Circuit threw out the case, ruling that the Shoalwater Bay Indian Tribe was a necessary party that could not be included because of sovereign immunity.

Federal government criticizes court decision over Maverick Gaming and tribal casinos

In its response, the federal government strongly criticized that reasoning. “Rule 19 generally does not require the joinder of any non-federal third parties when a plaintiff brings an APA claim against a federal officer or agency seeking review of federal agency action,” the brief argued. “The federal government itself is ordinarily the only necessary and indispensable party to defend an APA claim.”

The Justice Department further cautioned that dismissing claims in this way “undermines Congress’s judgment that a person aggrieved by final agency action ‘should have access to judicial review.’”

Despite those criticisms, the administration still argued that the Supreme Court should deny the petition. The brief stated, “This case would be a flawed vehicle for addressing the issue for several reasons, including petitioner’s concessions in the litigation below and petitioner’s recent filing for Chapter 11 bankruptcy.”

The government also noted that Maverick’s own choices in how it handled the lawsuit hurt its case. By conceding that the Shoalwater Bay Indian Tribe had a legally protected interest in the compacts, the company removed “what should otherwise have been a central question” under Rule 19, according to the filing.

The filing also mentioned that similar disputes are already being addressed in other courts. It stressed that “the question presented is reasonably likely to come before this Court again in a superior vehicle.”

Featured image: Maverick Gaming / Canva

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