MADISON, Wisconsin — Wisconsin Attorney General Brad Schimel is asking the U.S. Supreme Court to hear his appeal of a federal court ruling that allows the Ho-Chunk Nation to offer video poker at its Madison casino.
Schimel on Tuesday announced the request to hear the case had been filed on Monday.
The 7th Circuit U.S. Court of Appeals in April reversed a lower court ruling and said the video poker offered at the casino was legal.
The state Department of Justice had argued that video poker at the facility is a Class III card game and therefore prohibited under the terms of the tribe's gambling compact with the state.
The appeals court said the state must criminalize a gambling activity in order to prohibit the tribe from engaging in it.