It is likely that the US Supreme Court of Justice might decide in favor of Michigan Tribe in a case that is before it. During previous hearings, the court has received ample evidence to show that the man mentioned in the case involving casinos in Michigan might lose in the end.
The man in question has for many years attempted in vain to shut down a gaming facility belonging to Gun Lake Tribe.
David Patchak, the petitioner, has since 2008 been battling the Gun Lake Tribe in court following their approval to build a gaming facility near his residence. The man still lives in Wayland Township.
According to Patchak, the federal government acted in contravention of the law by allocating the tribe the land. Even worse, Patchak argues, the casino would eventually change the character of the people living in the community.
Over the years, since 2008, the case has been in different courts. Different judges have listened to the case with several attempts to throw it away only for the case to be revived by either party.
For instance, when the case was before a court of justice in 2008, it was quickly dismissed. The Appeals court then revived it later.
In 2011, the Gun Lake Casino took the court to the Supreme Court, which held in 2012 that Patchak was at liberty to continue with the case.
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But even as the Supreme Court allowed the petitioner to continue with the case, something happened two years later. Patchak suffered a setback when the Congress passed a resolution that it was enough for the Gun Lake Tribe Casino.
That meant there could not be allowed a time for more litigation against the tribal casino. The legislation thus overturned the Supreme Court’s ruling thus dismissing Patchak’s case.
If you think that Congress was final, then you are far from being right. On Tuesday, Patchak, through his lawyer was in the corridors of the Supreme Court.
This time, it is not really against one of the casinos in Michigan notably the Gun Lake Casino but the Congress.
Patchak now argues that the Congress overreached what was ruled by the Supreme Court. His lawyer Scott E. Grant said that the legislation by Congress was by far a violation of separation of powers.
Scott argued that it is not the work of the Congress to hear and determine cases. It is the work of the court. He said the court decides to pass the laws.
The Court To Lean On The Congress
As thing are, it seems that several justices from across the U.S. particularly in Michigan feel that Patchak’s argument is baseless. Many of them think that the petitioner is arguing against what is sensible.
What is the way forward for Patchak? With almost all justices agreeing with the Congress, it seems that Patchak will eventually lose the case.
In the last year alone, the facility gave $17 million as revenue to the local government. This shows how casinos in Michigan contribute to state and nation building.