Maine’s top state court is declining to weigh in on the constitutionality of tribal gambling.

The court’s brief opinion Tuesday said they don’t consider the issue “‘of a serious and immediate nature.”‘

The court said Maine’s House of Representatives failed to file a brief explaining why the court should weigh in.

Efforts to allow tribal casinos in Maine have been unsuccessful.

The Maine House this fall passed tribal Rep. Henry Bear’s order asking the Maine Supreme Judicial Court to decide whether a U.S. Supreme Court decision would allow the Houlton Band of Maliseet Indians to conduct gambling on tribal trust land without state permission.

A 1987 U.S. Supreme Court decision lifted restrictions on tribal casinos. A 1988 federal law allows states to set rules for gambling.