
The state Supreme Court denied the Fort Sill Apaches' initial petition in March without offering an explanation. The tribe had argued that Martinez ignored requests by its chairman to sign on to existing compacts.
The tribe wants to operate a casino on Luna County land that was put into trust in 2002. It says it doesn't matter that the tribe's land hasn't been federally approved yet for gambling.
The Santa Fe New Mexican reported that the tribe is now using statements by former Governor Gary Johnson to rebut Martinez's claim that the tribe had gone back on its word not to try to build a casino.
Martinez's office, meanwhile, pointed to a 30-page letter from the National Indian Gaming Commission to the tribe, in which the commission denied Fort Sill the right to open a casino on its New Mexico land.
The Fort Sill Apaches have appealed the commission's decision. That case is pending in federal court.