Facts
In 1988 Congress passed the Indian Gaming Regulatory Act, a statute requiring the states to negotiate with Indian tribes to create compacts governing Indian Gaming. The statute provided that if a state failed to enter into such negotiations, or to negotiate in good faith, the Tribes could sue the state in federal court in order to compel the states to negotiate. If the states still refused, the statute provided that the matter would ultimately be referred to the Secretary of the Interior. Congress had asserted its power under the part of the Commerce Clause relating to commerce with Indians to pass such a statute, abrogating the immunity of states pursuant to its express powers.
The Seminole Tribe of Florida requested that the state enter into such a negotiation. When the state refused, the Tribe filed suit, as allowed by the statute, against both the state of Florida and the governor, Lawton Chiles. The District Court declined to dismiss the case, but the United States Court of Appeals for the Eleventh Circuit reversed, holding that the Eleventh Amendment barred the suit, and that the doctrine of Ex parte Young could not be used to force good faith negotiations.
Read more about this topic: Seminole Tribe Of Florida V. Florida
Famous quotes containing the word facts:
“So in your discussions of the nuclear freeze proposals, I urge you to beware the temptation of pride—the temptation blithely to declare yourselves above it all and label both sides equally at fault, to ignore the facts of history and the aggressive impulses of an evil empire, to simply call the arms race a giant misunderstanding and thereby remove yourself from the struggle between right and wrong, good and evil.”
—Ronald Reagan (b. 1911)
“Neither moral relations nor the moral law can swing in vacuo. Their only habitat can be a mind which feels them; and no world composed of merely physical facts can possibly be a world to which ethical propositions apply.”
—William James (1842–1910)
“There are in me, in literary terms, two distinct characters: one who is taken with roaring, with lyricism, with soaring aloft, with all the sonorities of phrase and summits of thought; and the other who digs and scratches for truth all he can, who is as interested in the little facts as the big ones, who would like to make you feel materially the things he reproduces.”
—Gustave Flaubert (1821–1880)