Bryan v. Itasca County

Helen was an enrolled member of the Leech Lake Band of Ojibwe, which was also a part of the Minnesota Chippewa Tribe.

[7] At about the same time as the district court made its decision, Legal Services hired a new director, Gerald "Jerry" Seck.

The Minnesota Chippewa tribe and the United States both filed amicus curae briefs with the court that supported Bryan's position, and NARF attorneys appeared on his behalf.

At oral arguments on April 20, 1976, Becker pointed out that Public Law 280 gave the state jurisdiction over criminal matters and civil "causes of actions" – a legal term for lawsuits.

He also noted that tribes which had adequate law-and-order processes, such as the Red Lake Band of Chippewa, were excluded from state jurisdiction in Minnesota.

"[11] Since Itasca County was claiming Public Law 280 granted that consent, Brennan evaluated the statute in regards to the taxation of Indians.

He rejected this argument, noting that the primary purpose of the law was to provide for "state criminal jurisdiction over offenses committed by or against Indians on the reservations.

Brennan also noted that the several tribal termination acts which were considered at the same time specifically discussed the taxation of Indians, while Public Law 280 was silent.

"[7] This ruling in a challenge to a tax bill of under $200 had the effect of enabling Indian tribes nationwide to earn over $200 billion in gaming revenue as of 2007.

The cases which were decided all cited Bryan in holding that the various states had no legal grounds to regulate games on tribal land.

[18] Many analysts point to the Bryan case as being the grounds upon which California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987)[19] was decided.

The Supreme Court noted that California was not able to impose civil regulations against an Indian tribe on tribal land.

[25][26] In some instances, Bryan and Cabazon have been viewed as not allowing the state jurisdiction over the traffic violations of non-member Indians on another tribe's reservation.

[27] Bryan is extensively discussed in both major legal textbooks on Native American law[28][29] and in numerous other high school and college texts.

map of Chippewa land in Minnesota
Chippewa tribal lands in Minnesota
Justice William J. Brennan, Jr. portrait
Justice William Brennan, author of the unanimous opinion
Lucky Dog casino entrance
A tribal casino