United Auburn Indian Community of the Auburn Rancheria v. Newsom

Summary

The court held that California law empowered the Governor to concur in the federal Interior Secretary’s determination permitting class III tribal gaming on land taken into trust after the federal gaming statute’s enactment. The court reasoned that the state Constitution’s gaming exception, the Governor’s inherent executive authority and representative role in federal relations, historical practice, and the absence of legislative restrictions supported that power. It also held that the Governor could negotiate the compact before the land was formally taken into trust and that exercising the concurrence power did not violate separation of powers.