Legislation Beginning in 1984, Congress began to hold hearings on Indian gaming. Based on the Supreme Court decision in Cabazon that basically prohibited state regulation while allowing federal enforcement, Congress had to take some type of action. The Department of Justice (DOJ) took the position that it would be unable to prevent organized crime from being involved in Indian gaming operations. At the same time, the National Congress of American Indians (NCAI) called for preemptive legislation allowing tribal control and prohibiting state interference. States and non-tribal gaming interests opposed any tribal gaming. In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The final result was a compromise between the competing interests, and established three classes of gaming: Class I, traditional, low value gaming, often for ceremonial purposes; Class II, bingo and like games such as pull-tabs, and punchboards; and Class III, which included all other gaming, such as slot machines, craps, poker, and so on. Tribes are allowed to regulate all Class I/II Indian gaming, and the act set requirements for regulating Class III gaming, which was regulated by compacts between the tribes and the states, and overseen by the NIGC. Many of the American Indian tribes were opposed to the legislation and the Mescalero Apache and Red Lake Band of Chippewa sued in an attempt to declare the law unconstitutional. The lawsuit was the first major attempt by an Indian Tribe to reverse the federal policy announced in Lone Wolf v. Hitchcock, which allowed Congress to exercise plenary power over the tribes, to include reneging on treaties. The attempt was unsuccessful, with the D.C. District Court holding that existing precedent allowed Congress to regulate actions of the tribes. The IGRA required the states to negotiate with Indian tribes to create compacts governing Indian gaming. The statute provided that if a state failed to enter into such negotiations, or to negotiate in good faith, the Tribes could sue the state in federal court in order to compel the states to negotiate. If the states still refused, the statute provided that the matter would ultimately be referred to the Secretary of the Interior. Congress had asserted its power under the part of the Commerce Clause relating to commerce with Indians to pass such a statute, abrogating the immunity of states pursuant to its express powers. Case history Facts of the case The Seminole Tribe of Florida requested that the state