Opinion of the Justices

Summary

The Maine Supreme Judicial Court considered a question propounded by the Maine House of Representatives under Article VI, Section 3 of the Maine Constitution concerning whether California v. Cabazon Band of Mission Indians allowed the Houlton Band of Maliseet Indians to conduct gambling on tribal trust land without state permission. The Justices concluded that no solemn occasion existed and declined individually to answer the question.

Holdings

1. When the legislative body that propounded a question does not respond to a request for briefing by asking the Justices to determine that a solemn occasion exists, the Justices will determine that the question is not of a serious and immediate nature and that the situation does not present an unusual exigency. Because the House did not provide such a response, no solemn occasion existed.
2. The Justices declined to answer the propounded question because no solemn occasion existed.

Questions Presented

1. Whether the referral presented a solemn occasion under article VI, section 3 of the Maine Constitution sufficient to require the Justices to answer the propounded question.
2. Whether the Justices should answer whether California v. Cabazon Band of Mission Indians permits the Houlton Band of Maliseet Indians to conduct gambling on tribal trust land without state permission.

Disposition

other