This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Restoration Act bans as a matter of federal law on tribal lands only those gaming activities also banned in Texas.
Background and question before the Court
In 1987 Congress restored the Tribe’s federal trust status and included a prohibition on any gaming activity that Texas law prohibits.
According to Petitioners, the case presented the question whether the Restoration Act subjects the Pueblo to Texas’s time, place, and manner restrictions for games Texas does not flatly prohibit.
What each side argues
Petitioners (Ysleta del Sur Pueblo)
Petitioners argue that the Restoration Act does not give Texas regulatory authority over tribal gaming that is not expressly prohibited, following the Cabazon framework.
Respondent (Texas)
Texas argues that Congress intended all Texas gaming laws to act as surrogate federal law on tribal lands, requiring the Tribe to follow state gaming regulations.
Texas contends that the Restoration Act displaced IGRA and forces the Tribe to comply with all state gaming laws.
What happened at oral argument
Justice Thomas asked whether there is any grant of jurisdiction in §107(a).
Justice Gorsuch asked about the negative consequences of ignoring the Cabazon distinction.
Justice Alito asked whether a newly defined Texas Traditional Board Game would be prohibited or regulated.
What the Court decided
The Restoration Act bans as a matter of federal law on tribal lands only those gaming activities also banned in Texas.
Why it matters
The decision holds that the Restoration Act bans on tribal lands only those gaming activities also banned in Texas.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 180950cff05786bc1d2c-r1-b2bddc0e03890ddd.pdforal argument transcript
- dc8bd500734cace16286-r1-d697120ce3af1be9.pdfopinion
Guide generated September 28, 2026. Automated validation accepted this version.