Regarding yesterday's Supreme Court opinion regarding Carcieri v. Salazar (Kempthorne) here's this from Indian Country Today:
In anticipation of a negative ruling in this case, some legal experts have already suggested remedies.
Matthew L.M. Fletcher, director of the Indigenous Law & Policy Center at Michigan State University,
...in the land a million casinos, home to Herb Strather and head quarters of Dickenson Wright Indian Gaming Law Firm...
said after oral arguments that tribes could go to Congress to request members to define “now” as explicitly meaning tribes recognized in 1934 and beyond.
“I think it would be pretty easy to just do a technical amendment to the Indian Reorganization Act,” Fletcher said at the time. “Get rid of the phrase ‘now under federal jurisdiction.’ That’s all you’ve got to do.”
Still, some legal experts have noted that for a congressional fix to occur, a burden is placed on tribes to get positive legislation action moved in a timely manner.
Richard Guest, a legal expert with the Native American Rights Fund,
posited that Rhode Island and other states could also decide to go to Congress to try to get members to narrowly define “now” as applying to only tribes recognized when the law was passed.
FYI - Twenty States have already signaled their concern for this issue by signing onto this case as Amicus Curiae.