The Supreme Court agreed Monday to decide a case that could reshape Congress power to use legislation to affect the outcome of specific ongoing court cases in this instance, a 2014 law about a Michigan land tract and its use as a Native American casino.
The move puts the justices back into a long chain of litigation and legislation about whether the Interior Department could take that tract into trust for the Gun Lake Tribe of Pottawatomi Indians to pave the way for gaming operations and whether a nearby resident can sue to stop it.
The case likely will be set for arguments in the next term that starts in October, and it will be the second time the Supreme Court rules in the case. Back in 2012, the justices ruled David Patchak could pursue a lawsuit challenging the government land trust over his concerns it would ruin the community.
Thats when Congress stepped in, and the current separation-of-powers controversy began.
In response to the 2012 Supreme Court decision, Democratic Sen.Debbie Stabenowof Michigan introduced a law that reaffirmed the trust status of ...