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Judge Lynch was joined on the panel by fellow Clinton appointee U.

The tribe is based in Mashpee but won federal approval in to build a casino resort on the mainland some 50 miles away in Taunton. Senate has yet to take up the matter. A wooden sign advises motorists of the location of Mashpee Wampanoag Tribal lands in Massachusetts.

The U. This prompted a lawsuit from 25 casinos in cape cod who casinos in cape cod close casinos in cape cod the proposed site, and the First Circuit agreed with the group Thursday that the government should not have taken the acre Taunton property into trust for the tribe.

With the pending Wampanoag casino in mind, the Massachusetts Gaming Commission rejected a proposed casino in nearby Brockton in Two Rhode Island casinos that could face competition from the Wampanoag project have spoken out against the House bill.

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Circuit Judge Sandra Lynch wrote for a three-judge panel. Issuing the decision just two weeks after oral arguments , the court relied heavily on the language of the Indian Reorganization Act, which authorizes the Interior Department to place land in trust for tribes. Key to the dispute, the Mashpee Wampanoag only received federal recognition as a tribe in , and the IRA makes key specifications as to who meets the definition of Indian. In addition to the land for the casino, the government in had put into trust some acres in Mashpee that the tribe had already owned and used for housing. With 47 Republicans crossing the aisle, the Democrat-controlled U.