Federal Court Affirms Mass. Gaming Law Granting Preference to Tribes

Here is the lengthy opinion.

No bones about it. This is a scary opinion delving at length into the constitutional infirmities of the political status classification doctrine first articulated in Morton v. Mancari. This judge would apply strict scrutiny but for the Mancari precedent (one he finds weak at best).

A case to watch to be sure, since KG Urban no doubt smells blood in the water. And Massachusetts will no doubt defend this law diligently.

Update: Paul Clement represents the plaintiffs.

News coverage here, via Pechanga.

Briefs and other materials are here.

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