Mashpee Wampanoag Tribe’s Bid To Secure Land Now Lies In Congress

The outcome of whether Massachusetts will obtain a fourth casino or a new reservation for an indigenous group appears to be more definitive now. Following an appeal of a lawsuit filed by the Mashpee Wampanoag Tribe, the court has ruled in favor of the defendant.

Even if the tribe decides to appeal to the US Supreme Court, there is no assurance that the court will choose to hear the case or overturn the rulings made by lower courts. In fact, the ultimate decision regarding the fate of the tribe and the potential casino in Brockton, Massachusetts, might rest in Congress rather than the federal court system.

What happened in the Mashpee Wampanoag Tribe’s lawsuit?

The 1st Circuit Court of Appeals in the US recently affirmed a federal district court’s decision, which was contested by the tribe involved. The court was tasked with interpreting a federal law from 1934.

The Indian Reorganization Act was put into effect by the US Congress in 1934. This act outlined several tribes that were officially acknowledged by the federal government and granted the US Department of the Interior the power to acquire land for the purpose of establishing reservations.

At that time, the Mashpee Tribe was not included in the list. However, nearly a hundred years later, this fact holds immense significance.

The Mashpee tribe’s aspirations to construct a casino in Taunton have suffered a significant setback due to a court ruling. The ruling states that the Department of the Interior (DOI) cannot seize land for the tribe’s use under the 1934 Indian Reorganization Act (IRA) because the tribe only received federal recognition in 2007.

The likelihood of a fourth commercial casino in Massachusetts appears to be increasing. However, there is still one remaining factor that needs to be resolved.

What Congress could still do about the situation

The US House has already passed a bill, sponsored by Rep. William Keating of Massachusetts, which effectively resolves the dispute in favor of the Mashpee.

Despite the lack of action from the US Senate, the legislation remains pending. Should the bill receive final approval, it would effectively overturn the previous rulings that have limited the DOI’s ability to assist the Mashpee tribe.

However, in the event that the Senate fails to take action or rejects the bill, the tribe’s sole option would be to file an appeal with the Supreme Court. The court may choose to decline the appeal or affirm the decision made by the lower court, ultimately concluding the matter.

This implies that the state is considering issuing a license for a commercial casino in Brockton, and there is already a developer expressing interest.

Brockton casino development could happen

Last year, Rush Street Interactive, among multiple other developers, submitted a letter to the Massachusetts Gaming Commission regarding their interest in building a casino in Brockton.

In the aforementioned letter, Rush Street expressed its conviction that the tribe’s case would eventually be unsuccessful. Subsequently, it seems that their prediction has indeed proven to be accurate.

The MGC may be reluctant to grant a license until the Senate reaches a decision on Keating’s bill. Furthermore, the MGC is possibly waiting to determine if the tribe will also appeal to the Supreme Court.

In the event that the MGC grants a license to a commercial developer, the process could commence promptly. However, if the Mashpee tribe emerges victorious through a Supreme Court ruling or the enactment of Keating’s bill, they would possess sole gaming rights in the region.

The destiny of this dispute now rests in that place. Keating’s proficiency in pushing his bill through Washington, D.C. is the tribe’s greatest chance for success.