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TEXAS v. U.S.

No. 05-50754.

497 F.3d 491 (2007)

State of TEXAS, Plaintiff-Appellant, v. UNITED STATES of America; United States Department of the Interior; Dirk Kempthorne, in his Official Capacity as Secretary of the Department of the Interior, Defendants-Appellees, Kickapoo Traditional Tribe of Texas, Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 2007.

Attorney(s) appearing for the Case

William T. Deane, Asst. Atty. Gen. (argued), General Litigation Div., Austin, TX, for Plaintiff-Appellant.

Bridget Garcia, U.S. Dept. of the Interior, Washington, DC, for U.S., U.S. Dept. of Interior and Dirk Kempthorne.

Lane Madison McFadden (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, John Francis Paniszczyn, San Antonio, TX, for U.S.

Edmund Clay Goodman (argued), Hobbs, Straus, Dean & Walker, Portland, OR, Jennifer Hughes, Hobbs, Straus, Dean & Walker, Washington, DC, for Kickapoo Traditional Tribe of Texas.

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

EDITH H. JONES, Chief Judge:

This is high-stakes litigation involving a challenge to procedures adopted by the Secretary of the Interior Department ("Secretary") to circumvent the consequences of the Supreme Court's Eleventh Amendment decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). An initial question is whether Texas's challenge to the existence of the Secretarial Procedures...

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