Maine court will not consider constitutionality of tribal gambling

The top state court of Maine has declined to consider the constitutionality of tribal gambling while hearing petition on allowing the Houlton Band of Maliseet Indians to conduct gambling on tribal trust land without state permission.

The court’s brief opinion Tuesday said they don’t consider the issue “of a serious and immediate nature.”

The court clarified that Maine’s House of Representatives failed to file a brief explaining why the court should weigh in.

The Maine House this fall passed tribal Rep. Henry Bear’s order asking the Maine Supreme Judicial Court to decide whether a US Supreme Court decision would allow the Houlton Band of Maliseet Indians to conduct gambling on tribal trust land without state permission.

A 1987 US Supreme Court decision lifted restrictions on tribal casinos. A 1988 federal law allows states to set rules for gambling.