He warned the ruling "invites further state regulation of activities on the reservation and chips away at tribal sovereignty." In their petition, the tribal companies argue that the Eighth Circuit's decision threatens economic development efforts of tribes nationwide and presages a return to the paternalism Congress has rejected. They warn the ruling creates a perverse incentive for states to regulate tribal businesses before they can become successful, noting: Perhaps the most troubling aspect of the Eighth Circuits decision is that it creates an incentive for states to strangle tribal economic development in infancy, before those efforts can mature into a robust engine of self-sufficiency
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