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Illustration for Noem v. Flandreau Santee Sioux Tribe
Docket 19-1056

Noem v. Flandreau Santee Sioux Tribe

This case involved a dispute between the Governor of South Dakota and a Native American tribe regarding the state's refusal to renew the tribe's tax collection agreements and the imposition of a use tax on non-members at the tribe's casino. The petition for a writ of certiorari was ultimately dismissed under Rule 46.

Status
Dismissed
Appeal from
United States Court of Appeals for the Eighth Circuit

Case briefing

Case snapshot

What Happened

South Dakota and the Flandreau Santee Sioux Tribe are in a legal fight over whether the state can tax construction work done by non-tribal companies on reservation land. The state wants to apply its excise tax (a tax on specific goods or services) to a project that is not related to gambling, while the Tribe argues federal law protects them from this state tax.

Why It Matters

This case could change how much power states have to collect money from businesses working on Native American land. If the state wins, it could make construction projects more expensive for tribes and give states more control over reservation economies.

The Big Picture

The dispute centers on the balance between state authority and tribal sovereignty (the right of tribes to govern themselves). It looks at how federal laws like the Indian Gaming Regulatory Act apply to buildings that are not actually casinos.

What the Justices Said

No substantive justice or advocate reactions are available yet as the case was dismissed before a final ruling.

The Bottom Line

The case asks if states can tax non-tribal contractors building non-gaming facilities on tribal land.

What's Next

The petition for a writ of certiorari (a request for the Court to hear the case) was dismissed under Rule 46. This means the Supreme Court will not issue a final ruling on these specific questions at this time.

What is the core dispute between South Dakota and the Tribe?

The state wants to collect taxes from non-member contractors working on the reservation. The Tribe argues that federal law prevents the state from imposing these taxes on their land.

How would a ruling affect people in the real world?

A ruling could increase the cost of building schools or clinics on reservations. It would determine if state taxes apply to businesses hired by tribes for non-gambling projects.

What legal rule is the Court being asked to clarify?

The Court was asked to clarify the Bracker balancing test. This test helps courts decide when state laws can apply to non-members on tribal land.

What is the next procedural step for this case?

The case was dismissed by the parties involved. No further arguments or decisions will be made by the Supreme Court in this specific proceeding.

How does this fit into broader trends in tribal law?

This case reflects ongoing tension between state governments and tribal nations over economic independence. It shows the frequent legal battles over who has the power to tax reservation activities.

Where things stand

Timeline

Key court milestones at a glance.

Case AcceptedUpcoming
Arguments AheadUpcoming
Decision Released

Source note

How this page is sourced

Official case materials anchor this page. Reporting is used only to add context and explain the dispute in plain English.

Page data last refreshed Mar 31, 2026.

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