Today at SCOTUS – 12/2/2013

Today, the Supreme Court hears arguments about (1) the role of federal courts in private arbitrations and (2) the Indian Gaming Regulatory Act:

(1)   BG Group, PLC v. Republic of Argentina  [see our preview at http://www.law.cornell.edu/supct/cert/12-138]

• Does an arbitrator or a court decide whether a precondition to arbitration has been satisfied?

• To what extent can federal courts review such decisions?

(2)   Michigan v. Bay Mills Indian Community [see our preview at http://www.law.cornell.edu/supct/cert/12-515]

• Can a federal court exercise jurisdiction over a state suit alleging violations of the Indian Gaming Regulatory Act where the gaming activity is not located on Indian lands?

• Does tribal sovereign immunity bar a state from suing a tribe in federal court for violations of the Indian Gaming Regulatory Act?