Chief Justice Roberts rarely writes dissents. But when he does, readers are in for a treat. The Chief did not disappoint in Ysleta del Sur Pueblo v. Texas. Roberts wrote the dissent, which was joined by Justices Thomas, Alito, and Kavanaugh. Justice Gorsuch wrote the majority opinion in favor of the Indian tribe. (I should create a macro for that sentence.) Justice Barrett cast the swing vote, and joined Gorsuch's opinion.
The case is extremely complex, but at bottom, considers whether an Indian casino can offer bingo. Or is it bingo? In dissent, Chief Justice Roberts contends that the game being offered is not bingo:
In 2017, Texas inspected the Pueblo's Speaking Rock Entertainment Center to determine whether it was complying with state law. The answer appeared to be "no." Slot machines are outlawed in Texas, as are "gambling device versions of bingo." Tex. Penal Code Ann. §47.01(4)(A) (West 2011); see also §47.02(a)(3) (West Supp. 2021). Yet inside the Tribe's casino, officials found more than 2,000 machines that looked exactly like "'Las-Vegas-style slot machines.'" 955 F. 3d, at 412. Players press a button, graphics spin, noise plays, and eventually players learn whether they have won or lost. The machines are accessible 24 hours a day and, for added effect, are emblazoned with names like"Big Texas Payday," "Welcome to Fabulous Las Vegas," and "Lucky Duck." 2019 WL 639971, *5 (WD Tex., Feb. 14, 2019). Although the machines resemble slot machines in every relevant respect, the Tribe insisted they were a form of bingo, because whether a player wins turns on "historical bingo draws." Ibid. [Footnote 1]
