"There are two things you don’t want to see being made—sausage and legislation." Attributed to Otto von Bismark (1815-1898)

Much has been said of the recent developments relating to a "Carcieri fix" to the recent US Supreme Court ruling that not only denied the Narragansett Indians in RI to have the Secretary of the Interior place land into federal trust for them, but also has denied all tribes who were only federally recognized after 1934 the same.  Also, a reported decision by the Bureau of Indian Affairs to review the Bush era policy changes that made off reservation casinos more restricted and harder to attain.  Pro-indian casino types like those surrounding Middleborough MA are as giddy as little school girls and anti-casino types of any kind (because we are not anti-Indian as the pros would want you to think, but are just anti-casino not wanting a casino run by anyone, Indians, their investors or the Steve Wynns of the world) are hitting the panic button.

These are all well understandable reactions to a very emotional issue for most.  If you know how sausage is made, you may become reluctant to ever wanting to eat it again.  Some don't care how it's made and with what and will still eat it.  The same is for any legislation put before Congress.  Once the process starts, the ingredients can make your stomach churn.

The bill being introduced to a Senate committee is here.  It is a very simple 2 page bill.  Unlike the government health care bill (one really big sausage) which is over 1,000 pages and is getting the once over by both side of the political spectrum.  The problem with the bill Senator Dorgen has introduced is that it is too simple.  It basically takes out the word "now" and the deadline for when a tribe was to have been a federally recognized Indian tribe of 1934.  Here are some of the many reasons why this hunk of legislation will go through the meat grinder and not come out and accomplish what it's sponsors intend, either making it either useless or discarded as a bad sausage.

1) One of the co-sponsors is Sen Al Franken.  It must be just a bad joke. He just is not funny.

2) Although there are 8 signed on to it, there are many Senators who are very leary of making "any federally recognized Indian Tribe" eligible for "land into trust".  Senate President Harry Reid is one of them.

“As you know, we strongly opposed taking off-reservation lands into trust for gaming purposes,” writes Reid and four other senators.
From Gambling Compliance article 9/28/2009.  You have to be registered to view.

3) The private gambling industry is not going to sit back and let market share just walk away from them.

“The casino industry, many blue Democrats, most Republicans and above all the unions are against expanded Native American gambling,” writes Reverend Richard McGowan, an economist and gaming industry expert at Boston College.

4) Changing a few meaning full phrases in the Indian Reorganization Act because of the Carcieri decision does not nullify Hawaii v Office of Hawaiian Affairs, which I explain here.  In a nutshell states that the feds can not take land from one sovereign (the states) and give it to another (an Indian tribe).

5) US Rep. Barney Frank says.  “It’s virtually a zero chance,”  Read it near the end of this article.

6) Massachusetts Attorney General and announced candidate for US Senate, Martha Coakley signed on to the Amicus Brief of Carcieri v SOI along with more than half of the other states.  These states and ours are not going to just let this win for their sovereign state rights just go walking out the door either.

7) Other Gambling Casino Tribes are against any changes.  Also from the Gambling Compliance article:

The political leverage of the Indian gaming industry should not be discounted, argued William Thompson, a professor and gaming industry expert at the University of Nevada Las Vegas.

Although from the writer's perspective, this is a statement favoring a "Fix", both he and Prof. Thompson are neglecting the gambling tribes who don't want any competition from other tribes.  Indian country is divided on this issue.  They have money and influence as well.

This is how I see it.  It is no time to panic folks, but we should always be diligent.  Write your US Congressmen and Senators today.  Let them know how and what you feel about the taste of Dorgan/Franken sausage.
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COMMENTS:

Gladys said:
Thank you Carl for that very thoughtful, well-detailed explanation about this new bull bill. Just wanted you to know, however, that I for one have not been hitting the panic button.  Based on my understanding of the issue, and my contacts with those who understand it better than I do, I find myself calmly serene that all is well and safe in Carcieri land.  BTW, I am also a vegetarian