Monday, August 11, 2008

Cachil Dehe Band v. State of California (9th Cir - Aug. 8, 2008)

It's a case about Indian gaming. You represent the Indian tribe, and want more slot machines. You've lost in the district court, and now appeal to the Ninth Circuit. You're waiting for the panel to be announced just prior to oral argument. Who's your dream -- absolute dream -- draw?

Right. Judge Canby.

Ca-ching!

I'm not saying he's wrong here (when he finds in favor of, you guessed it, the tribe). You'll not find a bigger -- or more interested -- expert on Indian law on the federal bench.

But talk about a great draw if you're the tribe. It's hitting a 16 against a 9 and getting a 5.