Several Indian tribes (plaintiffs) requested the State of California (defendant) to negotiate the placement of stand-alone electronic gaming devices in casinos on the reservation. California refused to negotiate with the tribes because the games were illegal under California law. The tribes sued in district court, seeking declaratory judgment that California was obligated to negotiate the terms of gaming under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq. The district court granted summary judgment to the tribes, ruling that installation of the games was a proper subject of negotiation under the IGRA. The ninth circuit reversed, holding that California had no duty to negotiate with the tribes over gaming that was illegal under California law. The tribes petitioned for a rehearing. The ninth circuit denied the petition.