Under the appeals court's analysis, that option remains now that tribes can no longer sue the states.
"It is simply not fair for us to be denied our constitutional due process rights while the tribes can sue us at will."
Indian tribes unsuccessfully sued to block the resort in 1979.
In the 1970's, Native American tribes successfully sued for the rights to control and profit from vast amounts of land.
The tribes sued the state and the property owners in the 1970's and 80's.
In 1987, the tribe successfully sued the US government for wrongful termination.
The state of Oklahoma tried to collect registration fees anyway and the tribe sued.
The tribes have sued to overturn his decision.
The tribe then sued him in Federal court.
One statute allows tribes to sue in Federal district courts without jurisdictional limitations.