In 1996, the Passamaquoddy Tribe brought suit against the State of Maine on gaming (Passamaquoddy v. State of Maine 75 F.3d 784 (1996)) (Addendum 8). The Tribe argued that the Indian Gaming Regulatory Act (enacted after Stilphen and in the wake of Cabazon) opened the door for Tribal gaming in Maine and compelled the State to compact with the Tribe. The Court found that section 1735(b) was a valid "savings clause" that precluded application of Indian Gaming Regulatory Act (IGRA) in Maine unless Congress specifically made it applicable in Maine. The Court concluded that the text of IGRA gave no indication that Congress intended to make that Act specifically applicable within Maine.
