The death of a longtime U.S. First Circuit Court of Appeals judge has left a high-stakes case involving a proposed Aquinnah Wampanoag gaming facility on the Island in limbo.
The death of a longtime U.S. First Circuit Court of Appeals judge has left a high-stakes case involving a proposed Aquinnah Wampanoag gaming facility on the Island in limbo, as both sides continue the protracted wait for answers from the bench.
The case, which was heard virtually before a three-judge federal appeals court panel in early September, is an appeal of a 2019 decision from a U.S. District Court judge that requires the tribe to obtain local building permits before construction can begin on the bingo hall.
But before the appellate court could issue a ruling, one of the three judges on the panel died at the age of 87. The death on Oct. 27 of Hon. Juan R. Torruella has focused attention on the court’s arcane internal procedures, which attorneys say are governed by long practice rather than published rules.
Meanwhile, activity has been frozen on the bingo hall construction site — located off State and Black Brook Roads on tribal land in the town — since late 2019.
A native of Puerto Rico, Judge Torruella was first appointed a federal district judge in 1974 by President Gerald Ford, then named to the appellate court by President Ronald Reagan. He served as its chief justice from 1994 to 2001.
His involvement in the tribe’s efforts to construct a gaming facility in Aquinnah dates to 2017, when a panel of the appellate court overturned a lower court ruling and granted the tribe’s right to construct a class II gaming facility in the town. That 3-0 decision was written by Judge Torruella.
During the September hearing, Judge Torruella hammered Aquinnah town attorneys with questions regarding case history, precedent and the scope of the federal laws that govern Indian gaming rights.
According to general procedure in the First Circuit, immediately after a hearing — and generally on the same day — the three-judge panel that heard the case will briefly discuss the matter in a meeting called a semble. Each judge gives an opinion on the case, and one of the justices is chosen to write the opinion.
In the event of a death on the panel, if all three justices had agreed in the private semble, then the death would not affect the outcome of the case, allowing it to be decided in a 2-0 opinion. But if the dead justice leaves the decision in a 1-1 deadlock, the First Circuit will appoint a third justice to decide the case.
The newly appointed justice then has the option of either rehearing the case, or concluding that the initial hearing and case material is enough for them to make a decision. A rehearing would delay the case outcome considerably.
It is not known what took place in the semble in the tribe case and there have been no announcements about the case.
The other two judges on the panel are the Hon. William J. Kayatta, 2nd and the Hon. O. Rogeriee Thompson. Judge Kayatta, who also sat on the 2017 panel, joined Judge Torruella in ruling in favor of the tribe in that case.
An analysis of more than a dozen opinions issued by the First Circuit since Judge Torruella’s death shows there have been no cases in which the court had to appoint a third justice to his panel. Almost every case in which an opinion has been issued after his death has included a footnote signaling that the decision was made by the two living justices.
At least two of the opinions, one issued in December involving an immigration appeal, the other issued in January involving a dispute between AVEO Pharmaceuticals and the FDA, have included the exact panel of Judge Torruella, Thompson and Kayatta. Both cases were heard after the tribe’s case, one on Sept. 14 (the day of the tribe’s hearing) and the other on Oct. 6.
Judge Torruella’s seat on the First Circuit remains one of only four current appellate court judicial vacancies, and the only vacancy left over from the Trump Administration. President Joe Biden has not yet nominated a replacement.

Comments
MV does not need a casino!!
Islanddogs EdgartownMV does not need a casino!!
My condolences to the family of the judge.
MV needs a fully recognized
Donna Russell Rochester/EdgartownMV needs a fully recognized and respected Wampanoag First People with full sovereignty and with the fingerprints of the occupiers removed from its history. It's time for all of MV to start paying rent for sitting on stolen land for centuries. The wise Wampanoag have been on the island for thousands of years. Awaiting the return of Moshup. My condolences to the Wampanoag people.
For god sakes don't build a
Chief AquinnahFor god sakes don't build a casino. This land is sacred and it would be an abomination to even have a bingo hall. Lets focus on another way to help the Wampanoag people that isn't so stereotypical.
Stop with the sanctimony
Local MVYStop with the sanctimony Rochester. The building codes are for safety jist like every town including yours. How about everyone sit down and agree on what’s safe and why instead of running up a tab in legal fees on bjth sides. I mean how far apart can they be. Every town in the country has building codes to use as a guide if they cant agree on Aquinnah’s. Geez people.
I don’t think a casino on the
Jim EdgartownI don’t think a casino on the island is a good thing... one word Is Traffic.
I waited 45 minutes to get through the triangle last summer..
The casino seemed like
AM 02539The casino seemed like stretch to be viable before - how is it a good idea in a post Covid world (assuming there is such a thing)?
There is a reason no big box
ScottThere is a reason no big box retailers are on the Island. The seasonal economics do not make sense. A casino would apply here too.
The future of gaming is on-line. The tribe should develop an on-line product which can grow and provide for it’s members. Investing in physical plant in Aquinnah is a waste of their resources.
How bout a small spa? Nothing
Shore shoulder menemshaHow bout a small spa? Nothing swanky, but post Covid, I bet a lot of folks could use some destressing.
I'm all for the Casino, Lets
James Santos West IslandI'm all for the Casino, Lets do it. This island belongs to the Indians, you moved in and did what you wanted and now your complaining about outsiders from other states... your complaining about them moving in with big money and taking over , do you see irony ? wow! how soon we forget, YOU don't rule! the tribe rules. I'm not Indian, I'm 100% behind them, wish I lived there so I could do my part and help push this with them.
Simmer down my friends, this is not a retirement community.
It is not a casino the Tribe
SteveIt is not a casino the Tribe is going to build but, rather, a 100,000 square foot space under a steel frame/canvas covered structure that will house 250 electronic bingo game machines. The only question now is should the tribe have to follow the same fire code, building code etc. that every other commercial business has to follow on the island.
What has me scratching my head, however, is how the Tribe (or its financial backers) were able to come up with a business plan that justified the investment/expense. The high season on the island is really only about 6 weeks long (+/- a week or two on either side), 75% of the population on this island lives in one of the three major towns which is a 30 min drive to the proposed bingo hall (1 hour round trip) over windy/hilly roads, 1 lane in each direction, that are not lighted and have no shoulder. There is virtually no chance day trippers will want to get all the way to the Vineyard (drive, parking, 45 min ferry ride, bike/bus etc.) just to drive another 30 min to play electronic bingo. I think you average summer renter in Edgartown or Oak Bluffs is going to opt to play bingo on their iPad rather than jumping in the car for a trip to the canvas-covered bingo hall.
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