michigan bay mills indian community et argued december decided may state michigan petitioner entered compact respondent bay mills indian community pursuant indian gaming regulatory act igra see compact authorizes bay mills conduct class iii gaming activities operate casino indian lands located within state borders prohibits outside territory bay mills later opened second casino land purchased congressionally established land trust tribe claimed operate casino property qualified indian land michigan disagreed sued tribe ii allows state enjoin class iii gaming activity located indian lands conducted violation compact district granted injunction sixth circuit vacated held tribal sovereign immunity barred suit unless congress provided otherwise ii authorized suits enjoin gaming activity located indian lands whereas michigan complaint alleged casino outside territory held michigan suit bay mills barred tribal sovereign immunity pp dependent nations indian tribes exercise inherent sovereign authority subject plenary control congress oklahoma tax citizen band potawatomi tribe unless congress acts tribes retain historic sovereign authority wheeler among core aspects sovereignty tribes possess subject congressional action immunity suit traditionally enjoyed sovereign powers santa clara pueblo martinez immunity applies whether suit brought state see puyallup tribe department game arises tribe commercial activities indian lands see kiowa tribe manufacturing technologies therefore unless congress unequivocally authorized michigan suit enterprises citizen band potawatomi tribe must dismissed pp igra plain terms authorize suit section ii partially abrogates tribal immunity respect class iii gaming located indian lands premise michigan suit bay mills casino unlawful outside indian lands michigan argues casino authorized licensed operated within reservation administrative action constitutes class iii gaming activity however numerous igra provisions make clear class iii gaming activity refers gambling goes casino licensing games see igra history design also explain congress authorized state enjoin illegal tribal gaming indian lands lands subject state sovereign jurisdiction congress adopted igra response california cabazon band mission indians held lacked regulatory authority gaming indian lands left intact regulatory power tribal gaming outside indian territory state therefore many tools enforce law state land possess indian territory including bringing civil criminal action tribal officials rather tribe conducting illegal gaming state also use leverage negotiating igra compact bargain waiver tribe immunity pp michigan urges overrule kiowa hold tribal immunity apply commercial activity outside indian territory however departure precedent demands special justification arizona rumsey michigan offers nothing arguments already rejected kiowa kiowa rejected arguments fundamentally congress job determine whether limit tribal immunity congress restricted tribal immunity limited circumstances like ii statutes declaring intention alter kiowa therefore chose defer role congress may wish exercise important judgment ibid congress since reflected kiowa decided retain tribal immunity case like held issue congress reverse simply may think congress conclusion wrong pp affirmed remanded kagan delivered opinion roberts kennedy breyer sotomayor joined sotomayor filed concurring opinion scalia filed dissenting opinion thomas filed dissenting opinion scalia ginsburg alito joined ginsburg filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press michigan petitioner bay mills indian community et al writ certiorari appeals sixth circuit may justice kagan delivered opinion question case whether tribal sovereign immunity bars michigan suit bay mills indian community opening casino outside indian lands hold immunity protects bay mills legal action congress abrogated tribal sovereign immunity state suit enjoin gaming reservation indian lands decline revisit prior decisions holding absent abrogation waiver indian tribes immunity even suit arises commercial activity michigan must therefore resort mechanisms including legal actions responsible individuals resolve dispute indian gaming regulatory act igra act stat et creates framework regulating gaming activity indian see describing statute purpose establishing regulatory authority standards gaming indian lands act divides gaming three classes class iii gaming closely regulated kind involved includes casino games slot machines horse racing see tribe may conduct gaming indian lands pursuant compliance compact negotiated surrounding state see compact typically prescribes rules operating gaming allocates law enforcement authority tribe state provides remedies breach agreement terms see ii notable igra authorizes state bring suit tribe certain conduct violating compact specifically ii allows state sue federal enjoin class iii gaming activity located indian lands conducted violation compact effect pursuant act michigan bay mills federally recognized indian tribe entered compact see app pet cert compact empowers bay mills conduct class iii gaming indian lands conversely prohibits tribe outside territory see supra compact also contains dispute resolution mechanism sends arbitration contractual differences parties settle see app pet cert provision within arbitration section othing compact shall deemed waiver either tribe state sovereign immunity since entering bay mills operated class iii gaming authorized reservation michigan upper peninsula bay mills opened another class iii gaming facility vanderbilt small village michigan lower peninsula miles tribe reservation bay mills bought vanderbilt property accrued interest federal appropriation congress made compensate tribe takings ancestral lands see michigan indian land claims settlement act stat congress directed portion appropriated funds go land trust whose earnings tribe use improve purchase property according legislation land acquired shall held indian lands held citing provision bay mills contended vanderbilt property indian land igra compact tribe thus claimed authority operate casino michigan disagreed state sued bay mills federal enjoin operation new casino alleging facility violated igra compact located outside indian lands day michigan filed suit federal department interior issued opinion concluding state complaint said tribe use land trust earnings purchase vanderbilt property convert indian territory see app district entered preliminary injunction bay mills promptly shut new casino took interlocutory appeal appeal pending michigan amended complaint join various tribal officials defendants well add state law federal common law claims appeals sixth circuit vacated injunction holding among things tribal sovereign immunity barred michigan suit bay mills unless congress provided otherwise ii authorize action see provision igra sixth circuit reasoned permitted suit tribe enjoin gaming activity located indian lands whereas state complaint alleged vanderbilt casino outside territory see accordingly appeals concluded michigan proceed solely individual defendants remanded district consider claims see although injunction currently effect bay mills reopened vanderbilt casino granted certiorari consider whether tribal sovereign immunity bars michigan suit bay mills affirm appeals judgment ii indian tribes dependent exercise inherent sovereign authority oklahoma tax citizen band potawatomi tribe potawatomi quoting cherokee nation georgia pet dependents tribes subject plenary control congress see lara constitution grants congress powers consistently described legislate respect indian tribes yet remain separate sovereigns constitution santa clara pueblo martinez thus unless congress acts tribes retain historic sovereign authority wheeler among core aspects sovereignty tribes possess subject congressional action immunity suit traditionally enjoyed sovereign powers santa clara pueblo immunity explained necessary corollary indian sovereignty three affiliated tribes fort berthold reservation wold engineering cf federalist wright ed hamilton inherent nature sovereignty amenable suit without consent qualified nature indian sovereignty modifies principle placing tribe immunity like governmental powers attributes congress hands see fidelity guaranty usf though immunity sovereigns passed benefit thus time treated doctrine tribal immunity settled law dismissed suit tribe absent congressional authorization waiver kiowa tribe manufacturing technologies held tribal immunity applies less suits brought including courts individuals first puyallup tribe department game potawatomi barred state seeking enforce laws filing suit tribe rejecting arguments grounded state sovereignty case said state must resort remedies even less efficient see kiowa difference right demand compliance state laws means available enforce often stated contrary dissent novel pronouncement see post opinion thomas hereinafter dissent tribal immunity matter federal law subject diminution citing three affiliated tribes washington confederated tribes colville reservation elsewhere explained state constitutional convention surrendered immunity suit sister absurd suggest tribes conference even parties similarly ceded immunity suits blatchford native village noatak equally important declined kiowa make exception suits arising tribe commercial activities even take place indian lands case private party sued tribe state defaulting promissory note plaintiff asked confine tribal immunity suits involving conduct reservations noncommercial activities said listed puyallup tomi usf precedents applying immunity suit predicated tribe commercial conduct respectively fishing selling cigarettes leasing coal mines noted puyallup involved enterprise tribe reservation quoting ur precedents thus concluded previously drawn distinctions plaintiff pressed case established broad principle thought improper suddenly start carving exceptions rather opted defer congress whether abrogate tribal immunity commercial conduct see infra decisions establish well congressional decision must clear baseline position often held tribal immunity abrogate immunity congress must express purpose enterprises citizen band potawatomi tribe quoting santa clara pueblo rule construction reflects enduring principle indian law although congress plenary authority tribes courts lightly assume congress fact intends undermine indian see iowa mut ins laplante dion upshot unless congress authorized michigan suit precedents demand michigan naturally enough makes two arguments first igra indeed abrogates tribe immunity state suit second revisit reverse decision kiowa tribal immunity longer applies claims arising commercial activity outside indian lands consider reject contention turn iii igra partially abrogates tribal sovereign immunity ii case viewed naturally falls outside term ambit provision noted authorizes state sue tribe enjoin class iii gaming activity located indian lands conducted violation compact see supra kiowa citing provision example legislation restrict ing tribal immunity suit limited circumstances key phrase abrogation indian lands three words reflecting igra overall scope repeated two dozen times statute state suit enjoin gaming activity indian lands assuming requirements met see infra falls within ii similar suit stop gaming activity indian lands creates fundamental problem michigan premise suit reason michigan thinks bay mills acting unlawfully vanderbilt casino outside indian lands see app pet cert dint theory suit enjoin gaming vanderbilt correspondingly outside ii abrogation immunity michigan first attempts fit suit within ii relocating class iii gaming activity objecting true enough michigan vanderbilt casino lies outside indian lands bay mills authorized licensed operated casino within reservation brief michigan according state necessary administrative action less say dealing craps class iii gaming activity occurred indian land suit enjoin go forward argument comes snake eyes numerous provisions igra show class iii gaming activity means sounds like stuff involved playing class iii games example refers licensing regulation class iii gaming activity concerns operation class iii gaming activity phrases make perfect sense class iii gaming activity goes casino roll dice spin wheel lose meaning michigan argues class iii gaming activity refers equally licensing operation games plug words see happens see also similarly referring class ii iii gaming activity holds true throughout statute section specifies fees paid gaming operation conducts class ii class iii gaming activity signifying gaming activity gambling poker hall proceedings administrative authority together describe federal agency power clos gaming activity substantial violation law shut crooked blackjack tables tribal regulatory body meant oversee indeed consider igra first finding many tribes congress stated licensed gaming activities indian lands thereby necessitating federal regulation gaming activit gambling means ii allow michigan suit even bay mills took action reservation license oversee vanderbilt facility stymied ii michigan next urges us adopt holistic method interpreting igra allow state sue tribe illegal gaming less indian lands brief michigan asks consider igra text structure whole one briefly raised exception michigan fails identify specific textual structural features statute support proposed rather michigan highlights purported anomaly statute written enables state sue tribe illegal gaming inside outside indian country hy michigan queries congress authorize state obtain federal injunction illegal tribal gaming indian lands lands subject state sovereign jurisdiction reply brief question answer michigan argues whatever words congress may used igra intended senseless outcome see brief michigan revise legislation michigan proposes text written creates apparent anomaly subject address truth told anomalies often arise statutes reason congress typically legislates parts addressing one thing without examining others might merit comparable treatment rejecting similar argument statutory anomaly property taxes made whit sense explained one recent case congress wrote statute wrote meaning statute going far see csx alabama dept revenue slip said igra abrogation tribal immunity gaming indian lands roving license even ordinary cases statutory interpretation disregard clear language simply view michigan words congress must intended something broader brief michigan still less warrant consequence expand abrogation immunity explained earlier congress must express purpose subject tribe litigation enterprises see supra event igra history design provide intelligible answer question michigan poses congress confined state authority sue tribe ii congress adopted igra response decision california cabazon band mission indians held lacked regulatory authority gaming indian lands cabazon left fully intact state regulatory power tribal gaming outside indian territory soon show capacious see infra problem congress set address igra cabazon ouster state authority arose indian lands alone solution congress devised naturally enough reflected fact see seminole tribe florida act grants power otherwise measure authority gaming indian lands everything literally everything igra affords tools either state federal officials regulate gaming indian lands nowhere else small surprise igra abrogation tribal immunity resulting world considered functionally nearly enigma tic michigan suggests reply brief true enough state lacks ability sue tribe illegal gaming activity occurs reservation state lands many powers tribal gaming possess absent consent indian territory unless federal law provides differently indians going beyond reservation boundaries subject generally applicable state law see wagnon prairie band potawatomi nation quoting mescalero apache tribe jones example michigan first instance deny license bay mills casino see comp laws ann west bay mills went ahead anyway michigan bring suit tribal officials employees rather tribe seeking injunction say gambling without license see see also west designating illegal gambling facilities public nuisances stated analogizing ex parte young tribal immunity bar suit injunctive relief individuals including tribal officers responsible unlawful conduct see santa clara pueblo extent civil remedies proved inadequate michigan resort criminal law prosecuting anyone maintains even frequents unlawful gambling establishment see comp laws ann west west short contrary dissent unsupported assertion see post panoply tools michigan use enforce law lands less suit bring indian lands ii shutter quickly permanently illegal finally state really wants sue tribe gaming outside indian lands state need bargain waiver immunity igra state tribe negotiating compact may include remedies breach contract including provision allowing state bring action tribe circumstances presented enough leverage obtain terms tribe conduct class iii gaming lands without compact see sue enforce state duty negotiate compact good faith see seminole tribe holding state immune suits michigan forthrightly acknowledges party dealing tribe contract negotiations power protect refusing deal absent tribe waiver sovereign immunity suit brief michigan many taken path see brief seminole tribe florida et al amici curiae listing compacts waivers tribal immunity sure michigan noted earlier compact issue instead authorizing judicial remedies sends disputes arbitration expressly retains party sovereign immunity see supra michigan like state insisted different deal indeed may future current compact expired remains effect parties negotiate new one see tr oral arg event limitation congress placed igra abrogation tribal immunity whether anomalous abstract matter made earthly difference iv igra plain terms abrogate bay mills immunity suit michigan dissent must make dramatic argument revisit kiowa holding rule tribes immunity illegal commercial activity outside sovereign territory reply brief see post michigan argues tribes increasingly participate gaming commercial activity operate capacity less governments private businesses see brief michigan noting among things tribal gaming revenues tripled since kiowa michigan contends tribes broader immunity suits arising conduct sovereigns notably congress enacted legislation limiting foreign nations immunity commercial activity see time michigan concludes level playing field brief michigan overturn precedents lightly stare decisis stated preferred course promotes evenhanded predictable consistent development legal principles fosters reliance judicial decisions contributes actual perceived integrity judicial process payne tennessee although inexorable command stare decisis foundation stone rule law necessary ensure legal rules develop principled intelligible fashion vasquez hillery reason always held departure doctrine demands special justification arizona rumsey usually circumstances first kiowa rather rejecting identical argument michigan makes decision reaffirmed long line precedents concluding doctrine tribal immunity without exceptions commercial conduct settled law controls case see supra second relied kiowa subsequently another case involving tribe commercial conduct began analysis kiowa holding tribal immunity applies activity found tribe waived protection see enterprises third tribes across country well entities individuals business many years relied kiowa along forebears progeny negotiating contracts structuring transactions backdrop tribal immunity cases involving contract property rights concerns stare decisis thus acme state oil khan fourth point later revisit see infra congress exercises primary authority area remains free alter done another factor gives special force stare decisis patterson mclean credit union overcome reasons stand pat michigan need ace instead state musters retreads assertions rejected kiowa expressly considered view offered michigan tribes take part nation commerce immunity extends beyond needed safeguard tribal indeed kiowa noted see potawatomi less decade earlier rejected oklahoma identical contention tribal business activities detached traditional tribal interests immunity longer makes sense commercial context kiowa comprehended trajectory tribes commercial activity dissent exclusive rationale ignoring stare decisis see post preceding decade tribal gaming revenues increased thirty dwarfing still strong rate growth since time see supra kiowa noted flourishing tribal enterprises ranging cigarette sales ski resorts see moreover kiowa understood sovereigns enjoy similar immunity commercial activities outside territory seeming anomal principal point dissenting opinion see stevens dissenting kiowa fact acknowledge arguments expressed fair bit sympathy toward see noting reasons doubt wisdom perpetuating doctrine commercial conduct yet decision clearer decline draw distinction confine immunity reservations noncommercial activities ibid ruled way single simple reason fundamentally congress job determine whether limit tribal immunity special brand sovereignty tribes retain nature extent rests hands congress see lara wheeler kiowa chose respect congressional responsibility potawatomi decade earlier rejected precursor michigan argument whatever view merits explained defer role congress may wish exercise important judgment see potawatomi stating congress always liberty dispense limit tribal immunity disposed modify scope congress said drawing analogy role shaping foreign sovereign greater capacity weigh accommodate competing policy concerns reliance interests involved issue congress repeatedly done restricted tribal immunity limited circumstances including noted ii statutes declaring intention alter doctrine see potawatomi citing statutory provisions involving tribal immunity thought congress make call whether curtail tribe immunity commercial conduct accept congress judgment said kiowa applies today yet one thing congress reflected kiowa made initial though course irrevocable decision retain form tribal immunity following kiowa congress considered several bills substantially modify tribal immunity commercial context two particular drafted chair senate appropriations subcommittee interior expressly referred kiowa broadly abrogated tribal immunity torts breaches contract see sess sess instead adopting reversals kiowa congress chose enact far modest alternative requiring tribes either disclose waive immunity contracts needing secretary interior approval see indian tribal economic development contract encouragement act stat codified see also cohen handbook federal indian law since congress continued exercise plenary authority tribal immunity specifically preserving immunity contexts abrogating others never adopting change michigan rather confronting kiowa legislative vacuum precise issue presented act today backdrop congressional choice retain tribal immunity least case like reversing kiowa circumstances scale heights presumption beyond upending principle tribal sovereign immunity action replace congress considered judgment contrary opinion potawatomi kiowa recognized fundamental commitment indian law judicial respect congress primary role defining contours tribal sovereignty see see also santa clara pueblo proper respect plenary authority congress area cautions courts tread lightly cohen supra judicial deference paramount authority congress matters concerning indian policy remains central indispensable principle field indian law commitment gains added force congress already reflected issue tribal sovereignty including immunity suit declined change settled law force must grow greater still congress considered issue partly urging see kiowa hinting none subtly congress may wish exercise authority question presented held kiowa issue congress reverse may think conclusion wrong congress course may always change mind readily defer new decision congress ever say whether create exception tribal immunity commercial activity kiowa except still decline revisit case law choose instead defer congress domestic dependent nations indian tribes exercise sovereignty subject federal government cherokee nation sovereignty implies immunity lawsuits subjection means among much else congress abrogate immunity extent wishes congress authorized suit bay mills valid grounds object congress done abrogation immunity igra applies gaming indian lands rewrite congress handiwork create freestanding exception tribal immunity commercial conduct declined course choose entail overthrowing precedent usurping congress current policy judgment accordingly michigan may sue bay mills enjoin vanderbilt casino must instead use available alternative means accomplish object affirm sixth circuit judgment remand case proceedings consistent opinion ordered sotomayor concurring michigan petitioner bay mills indian community et al writ certiorari appeals sixth circuit may justice sotomayor concurring doctrine tribal immunity part american jurisprudence well century see parks ross struve tribal immunity tribal courts tracing origins doctrine century wood accident tribal sovereign immunity story rev recent decades consistently affirmed doctrine see fidelity guaranty puyallup tribe department game enterprises citizen band potawatomi indian tribe despite history principal dissent chides failing offer sufficient basis doctrine tribal immunity post opinion thomas reasons least limit doctrine tribal sovereign immunity ways resemble restrictions foreign sovereign immunity majority compellingly explains stare decisis deference congress careful regulatory scheme require affirming decision write separately detail history comity counsel limiting tribes sovereign immunity manner principal dissent advances long formation tribes sovereign political communities wheeler tribes given full sovereignty absent contrary congressional acts tribes retain existing sovereign powers possess aspects sovereignty withdrawn treaty statute implication necessary result dependent status ibid see also affirming tribes continued powers case question type immunity federal courts accord tribes commensurate retained sovereignty answering question principal dissent analogizes tribal sovereign immunity foreign sovereign immunity foreign sovereigns unlike generally immune suits arising commercial activities post see also foreign sovereign immunities act exception foreign sovereign immunity analogy however lacks force indian tribes never historically classified foreign governments federal courts even asked case cherokee nation georgia pet instructive georgia legislature enacted series laws purported nullify acts cherokee government seize cherokee land among things cherokee nation sued georgia alleging georgia laws violated federal law treaties constitutional basis jurisdiction tribe relied article iii cl extends federal judicial power cases state citizens thereof foreign citizens subjects internal quotation marks omitted concluded lacked jurisdiction tribes foreign state reasoned condition indians relation perhaps unlike two people existence tribes akin domestic dependent nations explained foreign nations repeatedly relied characterization subsequent cases see oklahoma tax citizen band potawatomi tribe merrion jicarilla apache tribe two centuries jurisprudence therefore weigh treating tribes like foreign visitors american courts ii principal dissent contends whenever one sovereign sued courts another question whether confer sovereign immunity matter right rather one comity post view premise leads different conclusion one offered dissent principles comity strongly counsel favor continued recognition tribal sovereign immunity including commercial conduct comity proper respect sovereign functions sprint communications jacobs slip fosters respectful harmonious relations governments wood milyard slip two reasons goals best served recognizing sovereign immunity indian tribes including immunity conduct except congress expressly abrogated first legal rule permitted sue tribes absent consent commercial conduct anomalous light existing prohibitions tribes suing like circumstances disparate treatment two classes domestic sovereigns hardly signal federal government respect tribal sovereignty second tribes face number barriers raising revenue traditional ways tribes ever become fund substantial portion governmental functions commercial enterprises likely central means achieving goal held tribes may sue federal blatchford native village noatak including commercial conduct chiefly impacts indian reservations seminole tribe florida seminole tribe tribe sued state florida federal indian gaming regulatory act igra statute petitioner relies suit alleged florida breached statutory duty negotiate good faith tribe toward formation gaming compact held state sovereign immunity prohibited suit importantly barred tribe suit florida even though case involved state conduct course commercial negotiations later observed relying part seminole tribe doctrine state sovereign immunity less robust case involves conduct undertaken profit traditionally performed private citizens corporations otherwise resembles behavior participants college savings bank florida prepaid postsecondary ed expense seminole tribe adopt state corollary exception tribal sovereign immunity principal dissent urges today contrary negotiations seminole tribe concerned gaming indian lands state lands principal dissent observes comity one sovereign respecting dignity another post hardly foster respect dignity tribes allowing sue tribes commercial activity state lands prohibiting tribes suing commercial activity indian lands tribes domestic governments come sovereignty entirely ceded federal government similar asymmetry result sue tribes state nevada hicks considered whether tribal jurisdiction civil claims state officials entered tribal land execute search warrant tribe member suspected violated state law outside reservation held tribal reaching conclusion observed tate sovereignty end reservation border relying similar principles federal courts explicitly held tribal courts may entertain suits see montana gilham holding neither eleventh amendment congressional act barred suits tribal courts inherent sovereign powers barred suits extent tribes barred suing tribal courts anomalous permit suits tribes state courts two dissenting opinions implicitly address asymmetry principal dissent reasons tribes treated differently purposes sovereign immunity unlike tribal sovereign immunity state sovereign immunity constitutional origins post justice ginsburg offers another view tribes receive less immunity expresses concerns cases like seminole tribe pointing dissents catalogued many problems associated sprawling state sovereign immunity jurisprudence post citing among others alden maine souter dissenting things stand however seminole tribe progeny remain law long comity unequal treatment tribes tribes sue commercial activities tribal lands converse also true result fail respect dignity indian tribes principal dissent contends tribes emerged particularly substantial successful commercial actors post dissent expresses concern although tribal leaders sued prospective relief ante majority opinion tribes purportedly growing coffers remain unexposed broad damages liability post observations suffer two flaws first tribes engaged highly lucrative commercial activity nearly half federally recognized tribes operate gaming facilities meister casino city indian gaming industry report ed noting percent federally recognized native american tribes operate gaming even among tribes gaming revenue far uniform fewer indian gaming facilities accounted roughly revenues facilities ibid one must therefore temper impression tribes across country suddenly uniformly found treasuries filled gaming revenue second even tribes equally successful generating commercial revenues justify exception urged principal dissent tribal gaming operations understood mere ventures wholly separate tribes core governmental functions key goal federal government render tribes better positioned fund sovereign functions rather relying federal funding explaining congress purpose enacting igra provide statutory basis operation gaming indian tribes means promoting tribal economic development strong tribal governments see also cohen handbook federal indian law cohen handbook describing various types federal financial assistance tribes receive tribal business operations critical goals tribal enterprises cases may means tribe raise revenues struve due large part insuperable often barriers tribes face raising revenue traditional means example power tax certain individuals companies based indian reservations making difficult tribes raise revenue sources see oklahoma tax citizen band potawatomi tribe allowing state collect taxes sales indian land arizona dept revenue blaze constr allowing taxation companies owned indian land thomas gay allowing taxation property owned indian land may also tax reservation land congress authorized individuals hold fee regardless whether held indians see cass county leech lake band pewa indians may tax indian reservation land congress made land subject sale indian general allotment act also known dawes act county yakima confederated tribes bands yakima nation commentators observed tribes impose taxes sources resulting double taxation discourage economic growth fletcher pursuit tribal economic development substitute reservation tax revenue rev see also cowan double taxation indian country unpacking problem analyzing role federal government protecting tribal governmental revenues pittsburgh tax rev enterprise zones hearings subcommittee select revenue measures house committee ways means statement peterson zah president navajo nation ouble taxation interferes ability encourage economic activity develop effective generating tax programs many businesses may find easier avoid business reservations rather bear brunt added tax burden controlled small amount property indian reservations negligible amount land held fee concern might less severe many tribes case history explains federal policies enacted late early centuries rendered devastating blow tribal ownership congress enacted dawes act stat act two major components relevant first converted property belonged indian tribes fee property allotted land individual indians much land passed quickly owners royster legacy allotment indeed amount land passed indian tribes totaled million acres see cohen handbook property passed destitute indians found unable pay state taxes resulting sheriff sales royster supra second component dawes act opened surplus land indian reservations settlement stat selling surplus lands part general policy forced assimilation see cohen handbook sixty million acres land passed hands result surplus programs royster supra policies left devastating legacy cases come demonstrate noted montana example due large part dawes act crow tribe reservation montana held fee similarly justice white observed brendale confederated tribes bands yakima nation plurality opinion yakima nation reservation owned fee reservations like particularly impactful local governments may tax property held thomas land held fee result dawes act see county yakima moreover tribes largely unable obtain substantial revenue taxing tribal members reside land allotted dawes act one scholar recently observed even tribes imposed high taxes indian residents little income property sales tax fletcher supra poverty unemployment rates indian reservations significantly greater national average see infra result stable tax base reservations fletcher supra see williams small steps long road indian nations indian tribal governmental tax status act harv legis sure poverty decreased past decades reservations gaming activity one recent study found presence tribal casino increased average per capita income reduced family poverty rate percentage points anderson tribal casino impacts american indians evidence census data contemporary economic policy apr even reservations gaming continue experience significant poverty especially relative national average see true indian reservations history proper respect tribal sovereignty comity counsel creating special commercial activity exception tribal sovereign immunity reasons important reasons stare decisis deference congress outlined majority opinion concur scalia dissenting michigan petitioner bay mills indian community et al writ certiorari appeals sixth circuit may justice scalia dissenting kiowa tribe manufacturing gies expanded doctrine tribal immunity cover commercial activities concurred decision reasons given today justice thomas dissenting opinion join convinced kiowa wrongly decided intervening years error grown glaringly obvious stare decisis recommend retention rather insist congress clean mess helped make overrule kiowa reverse judgment thomas dissenting michigan petitioner bay mills indian community et al writ certiorari appeals sixth circuit may justice thomas justice scalia justice ginsburg justice alito join dissenting kiowa tribe manufacturing technologies extended doctrine tribal sovereign immunity bar suits arising indian tribe commercial activities conducted outside territory error expansion tribal immunity unsupported rationale doctrine inconsistent limits tribal sovereignty affront state sovereignty decision wrong begin worsened passage time years since kiowa tribal commerce proliferated inequities engendered unwarranted tribal immunity multiplied nevertheless turns chance rectify error still lacking substantive justification kiowa rule majority relies notions deference congress stare decisis considerations support sustain kiowa unjustifiable rule mounting consequences respectfully dissent substantive basis kiowa extension tribal immunity commercial acts explained kiowa doctrine tribal sovereign immunity arose almost accident case typically cited doctrine source simply stand proposition ibid citing turner later cases merely reiterated doctrine little analysis fact far defending doctrine tribal sovereign immunity kiowa majority doubt ed wisdom perpetuating doctrine majority suggests one post hoc justification tribes automatically receive immunity incident historic sovereignty explanation fails account fact immunity apply force courts another sovereign none colorable rationales doctrine considerations comity protection tribal supports extending immunity suits arising tribe commercial activities conducted beyond territory despite indian tribes subjection authority protection government deemed domestic dependent nations retain limited attributes historic sovereignty cherokee nation georgia pet see also wheeler sovereignty indian tribes retain unique limited character majority suggests tribal immunity one attribute sovereignty tribes retained see ante brief respondent bay mills indian community view immunity suit applies automatically theory simply inherent nature sovereignty federalist cooke ed basis immunity substantive basis majority invokes unobjectionable tribe raises immunity defense courts long recognized sovereign courts sovereign power determine jurisdiction courts define substantive legal rights citizens adequately explains lesser authority define immunity kiowa supra stevens dissenting citing kawananakoa polyblank notion support tribe claim immunity courts another sovereign either state kiowa sovereign immunity freestanding right applies force sovereign faces suit courts another republic austria altmann rather sovereign claim immunity courts second sovereign normally depends second sovereign law kiowa supra stevens dissenting see altmann supra breyer concurring application foreign sovereign immunity matter legal right short extent indian tribe may claim immunity federal state federal state law provides merely tribe sovereign outside tribal courts majority argument hardly persuasive immunity independent foreign nations federal courts grounded international comity verlinden central bank nigeria respecting dignity sovereigns imperil amicable relations governments vex peace nations banco nacional de cuba sabbatino whatever relevance tribal immunity comity justification extending immunity tribes commercial activities even respect fully sovereign foreign nations comity long discarded sufficient reason grant immunity commercial acts congress provided foreign immune suits based commercial activity abroad foreign sovereign immunities act see also alfred dunhill london republic cuba plurality opinion white joined burger powell rehnquist jj subjecting foreign governments rule law commercial dealings unlikely touch sharply nerves commercial capacities foreign governments exercise powers peculiar sovereigns reason comity support tribal immunity commercial activities bottom comity one sovereign respecting dignity another see nevada hall permitting immunity tribe acts represents substantial affront different set sovereigns whose sovereignty guaranteed constitution see new york constitution several residuary inviolable quoting federalist indian tribe engages commercial activity outside territory necessarily acts within territory sovereign state bsent express federal law contrary indians going beyond reservation boundaries generally held subject nondiscriminatory state law otherwise applicable citizens state mescalero apache tribe jones rule barring suits tribe arising tribe conduct within state territory whether private actions actions brought state stands stark contrast state broad regulatory authority indians within territory indeed foreclosing key mechanisms upon depend enforce laws tribes engaged commercial activity rule effects breathtaking state power kiowa stevens dissenting worse rule immunity also applies state courts strips prerogative decide whether accord immunity indian tribes matter comity may decide whether grant immunity courts sovereign see hall supra state immunity suit courts second state depends whether second chosen extend immunity first matter comity comes indian tribes taken right away kiowa supra stevens dissenting granting tribes immunity respect commercial conduct state territory serve practical aim comity allaying friction sovereigns see banco nacional de cuba supra need look case many others cited petitioner amici see broad immunity aggravated relationships tribes throughout country see infra see generally brief state alabama et al brief state oklahoma previously suggested recognizing tribal immunity furthers perceived congressional goal promoting tribal see kiowa supra three affiliated tribes fort berthold reservation wold engineering whatever force assertion general matter easy reject basis extending tribal immunity commercial activities kiowa dismissed rationale inapposite modern tribal enterprises extending well beyond traditional tribal customs activities expressed concern economic context immunity harm unaware dealing tribe know tribal immunity choice matter case tort victims immunity commercial acts necessary protect tribal kiowa majority conceded interdependent mobile society tribal immunity extends beyond needed safeguard tribal ibid broad immunity far exceeds modest scope tribal sovereignty limited necessary protect tribal control internal relations montana see also nevada hicks concurring part concurring judgment ribes retain sovereign interests activities occur land owned controlled tribe party suggested immunity isolated suits may arise extraterritorial commercial dealings somehow fundamental protecting tribal government regulating tribe internal affairs despite acknowledging scant substantive justification extending tribal immunity commercial acts kiowa see kiowa majority admitted rather congress taken lead drawing bounds tribal immunity nevertheless adopted rule expansive immunity purportedly defer role congress may wish exercise important judgment asserted deference congress fiction remains enigma however kiowa actually leave congress decision whether extend tribal immunity tribal immunity doctrine adopted shaped homa tax citizen band potawatomi tribe kiowa kiowa never held tribal sovereign immunity applied commercial thus faced unresolved question doctrine design kiowa make choice tailor immunity realities commercial enterprises grant virtually unlimited tribal immunity stevens dissenting took latter course defe congress exercis rather creat ed law citation omitted sure congress power alter decision wanted majority opinion congress authority respect nonconstitutional decision involving federal law mere existence authority basis choosing one outcome another accident congress adopted doctrine tribal sovereign immunity first instance left open question scope congress congress according kiowa take problem created areas federal common law congress intervenes us correct errors see exxon shipping baker absence legislation judicially derived standards leave door open outlier awards maritime law hard see judiciary wash hands problem created simply calling quantified standards legislative national metropolitan bank absence applicable act congress federal courts must fashion governing rules cases affecting rights liabilities duty ii today reaffirms kiowa unsurprisingly offers new substantive defense kiowa indefensible view tribal immunity instead majority relies combination kiowa purported deference congress considerations stare decisis already explained error ground kiowa rule deference congress turn stare decisis contrary majority claim policy require us preserve mistake kiowa failure justify kiowa rule decision untoward consequences outweigh majority arguments perpetuating error stare decisis may sometimes preferred course acknowledges inexorable command payne tennessee hen governing decisions unworkable badly reasoned experience pointed precedent shortcomings pearson callahan never felt constrained follow precedent payne supra see also gulfstream aerospace mayacamas overruling precedent deficient utility sense unsound theory unworkable arbitrary practice unnecessary achieve legitimate goals discussion explains kiowa unpersuasive terms adverse consequences decision make even untenable years since kiowa commercial activities tribes increased dramatically especially evident within tribal gambling industry combined tribal gaming revenues tripled billion billion national indian gaming commission indian gaming revenues increase percent july online http fileticket internet materials visited may available clerk case file tribal businesses extend well beyond gambling far past reservation borders addition ventures take advantage resources like tourism recreation mining forestry agriculture tribes engage domestic international business ventures including manufacturing retail banking construction energy telecommunications graham interdisciplinary approach american indian economic development rev tribal enterprises run gamut sell cigarettes prescription drugs online engage foreign financing operate greeting cards companies national banks cement plants ski resorts hotels ibid see also harvard project american indian economic development state native nations tribal corporation winnebago tribe nebraska operates hotels nebraska iowa numerous retail grocery convenience stores tobacco gasoline distribution company temporary labor service provider four fires san manuel band mission indians http four tribes california wisconsin jointly operate million hotel washington manifold enterprises look except immunity renders tribes largely commercial activity tribes proliferated conflict inequities brought blanket tribal immunity also increased tribal immunity significantly limits often extinguishes ability protect citizens enforce law tribal case one example one seriously dispute bay mills operation casino outside reservation thus within michigan territory violate state law tribe compact michigan yet immunity poses substantial impediment michigan efforts halt casino operation permanently problem repeats every time tribe fails pay state taxes harms tort victim breaches contract otherwise violates state laws tribal bars feasible legal remedy given wide reach tribal immunity scenarios see oneida indian nation new york madison cabranes joined hall concurring holding case comes indian tribe purchase land including land never part reservation refuse pay taxes suffer consequences taxing authority sue collect taxes owed see also furry miccosukee tribe indians tribe immune suit arising fatal car crash alleged negligence violation state dram shop laws native american distributing tobacco tribal officials manufacturer immune suit brought national distributor alleging breach contract interstate market manipulation tonasket sargent supp ed tribal immunity foreclosed action tribe illegal price fixing antitrust violations unfair competition aff fed appx multimedia games wlgc acquisition supp nd tribal immunity barred suit alleging copyright infringement unfair competition breach contract claims tribal business development agency wake kiowa tribal immunity also exploited new areas often heavily regulated instance payday lenders companies lend consumers advances paychecks interest rates reach upwards percent per annum often arrange share fees profits tribes use tribal immunity shield conduct questionable legality martin schwartz alliance payday lenders tribes tribal sovereignty consumer protection risk lee rev indian tribes also created conflict certain asserting tribal immunity defense violations state campaign finance laws see generally moylan sovereign rules game requiring campaign finance disclosure face tribal sovereign immunity pub interest sum number indian tribes across country emerged substantial successful competitors interstate international commerce within beyond indian lands long tribal immunity remains sync reality continue invite problems including de facto deregulation highly regulated activities unfairness tort victims fractious relations individuals alike growing harms wrought kiowa unjustifiable rule fully justify overruling support adherence stare decisis majority asserts congress reflected kiowa decided retain decision ante see also ante act today backdrop apparent congressional choice keep tribal immunity case like one face however curious assertion day congress never granted tribal sovereign immunity shape form much less immunity extends far kiowa went majority really means gather must stay hand congress implicitly approved kiowa rule overturning argument legislative inaction unavailing practical matter assert degree assurance congressional failure act represents affirmative congressional approval one decisions patterson mclean credit union quoting johnson transportation agency santa clara scalia dissenting see also girouard best treacherous find congressional silence alone adoption controlling rule law helvering hallock walk quicksand try find absence corrective legislation controlling legal principle many reasons congress might act decision like kiowa nothing congress desire preserve decision see johnson scalia dissenting listing various kinds legislative inertia including inability agree upon alter status quo indifference status quo even assuming general validity arguments legislative inaction poor fit context arguments typically based premise failure later congresses reject judicial decision interpreting statute says something congress understands statute mean see majority opinion clear congress unenacted opinion relevance determining correctness decision doctrine created shaped giving dispositive weight congressional silence regarding decision effectively codifies decision based congress failure address approach odds constitution requirements enacting law cf patterson supra congress may legislate passage bill approved houses signed president congressional inaction amend duly enacted statute citation omitted also direct opposite usual approach cases made clear absence applicable act congress federal courts must fashion governing rules national metropolitan bank see also supra moragne marine lines precedent barring recovery wrongful death somewhat dubious even rendered unjustifiable anomaly present maritime common law longer followed allowing legislative inaction guide decisionmaking deference event legislative inaction usually indeterminate persuasive circumstances enveloping congressional silence debar reexamining doctrines girouard supra majority provides nothing solidifies inference approval draws congressional silence wake kiowa first majority cites two senate bills proposed abrogate tribal immunity contract tort claims tribes see sess contract claims sess tort claims neither bill expresses congress views kiowa rule died committee without vote second majority notes various enactments either abrogate tribal immunity various limited contexts leave see ante none enactments provides reason believe congress considered approved kiowa holding none targets precision immunity indian tribes commercial activities see indian tribal economic development contract encouragement act codified contracts encumber indian lands seven years tribes must either provide remedies disclose tribal immunity applicable given exceedingly narrow contexts provisions apply see arizona water settlements act stat abrogating one tribe immunity limited purpose enforcing water settlements far stronger inference congress simply address kiowa extension immunity acts rather congress considered whether abrogation tribal immunity necessary narrow regulatory scheme table see prevent cigarette trafficking act stat majority posits inference congressional approval kiowa stronger congress failed act kiowa urg ed congress consider question presented ante quoting kiowa defer role congress may wish exercise important judgment circumstance raises number inferences congress obligation review respond every statement makes perhaps legislative inertia simply majority seems suggest congress understood kiowa assign burgeoning problems expansive immunity legislature chose let problems fester congress explained inaction pretend done remaining silent supposedly prodded say something even credit relevance congressional silence context certainly enough evidence congressional acquiescence properly place shoulders congress burden error girouard majority remaining arguments retaining kiowa also unconvincing first majority characterizes kiowa one case long line precedents recognized tribal immunity without exceptions commercial conduct ante true relied tribal immunity general matter several cases kiowa required decide whether immunity extend commercial activities beyond indian reservations see supra kiowa mentioned dicta enterprises citizen band potawatomi tribe holding tribe waived immunity construction contract thus overturning kiowa overturn kiowa second majority suggests tribes business partners relied kiowa structuring contracts transactions ante even kiowa extended scope tribal immunity readily apparent strong misgivings one member kiowa identified substantive justification extension immunity three expanded immunity first place kiowa stevens dissenting six essentially expressed hope congress overrule decision see backdrop hardly reasonable tribe rely kiowa permanent grant immunity commercial activities event utter absence reasoned justification kiowa rule growing adverse effects easily outweigh generalized assertion reliance see leegin creative leather products psks antitrust context overturning per se rule vertical price restraints part reliance interests case justify inefficient rule kiowa adopted rule without reason sweeping immunity suit untethered commercial realities usual justifications immunity premised misguided notion congress place sensible limits doctrine created decision mistaken decision reaffirm face unfairness conflict engendered doubly respectfully dissent ginsburg dissenting michigan petitioner bay mills indian community et al writ certiorari appeals sixth circuit may justice ginsburg dissenting join justice thomas dissenting opinion one reservation kiowa tribe manufacturing technologies held first time tribal sovereign immunity extends suits arising indian tribe commercial activity reasons stated dissenting opinion joined kiowa opinion stevens cogently recapitulated today justice thomas declaration immunity thus absolute remains exorbitant also believe carried beyond pale immunity possessed compare ante thomas dissenting seminole tribe florida souter dissenting today holds first time since founding republic congress authority subject state jurisdiction federal behest individual asserting federal right part company convinced decision fundamentally mistaken kimel florida bd regents stevens dissenting part concurring part congress power authorize federal remedies state agencies violate federal statutory obligations coextensive power impose obligations first place neither eleventh amendment doctrine sovereign immunity places limit power alden maine souter dissenting enhancement immunity suit true neither history structure constitution neither brand immoderate judicially confirmed immunity anticipate staying power footnotes act defines indian lands lands within limits indian reservation lands title either held trust benefit indian tribe individual held indian tribe individual subject restriction alienation indian tribe exercises governmental power sixth circuit framed part analysis jurisdictional terms holding district authority consider michigan igra claim ii provides federal jurisdiction suits enjoin gaming indian lands michigan suit see reasoning wrong parties agree see brief michigan brief bay mills brief amicus curiae general statute gives district subject matter jurisdiction decide claim alleging violation igra nothing ii provision igra limits grant jurisdiction although provisions may indicate party statutory right action see verizon md public serv appeals decision applied michigan case also consolidated case brought little traverse bay bands odawa indians operates casino miles vanderbilt property little traverse subsequently dismissed suit rather seek review michigan argue bay mills waived immunity suit recall compact expressly preserves tribe state sovereign immunity see supra michigan single reference another statutory provision advance argument term includes geographical limitation similar one appearing ii section makes state gambling laws applicable indian country federal law gives federal government exclusive jurisdiction criminal prosecutions violating laws michigan briefly argues negative implication gives state power bring civil suit enforce laws indian country power applies even defendant indian tribe brief michigan emphasis added bay mills vigorously contest propositions arguing gives civil enforcement authority much less tribe see brief bay mills brief amicus curiae dispute irrelevant even assuming michigan double inference valid still allow state sue tribe gaming indian country michigan suit alleging illegal gaming occurred state lands proceed ii indeed statutory abrogation even cover suits enjoin gaming indian lands thus refuting premise michigan section ii recall allows state sue tribe class iii gaming activity located indian lands michigan suggests gaming conducted violation compact effect accordingly tribe opens casino indian lands negotiating compact surrounding state sue federal government enforce law see precise igra authorization suit mirrors full problem cabazon created vacuum state authority gaming indian country particularly congress carefully crafted solution difficulty seminole tribe florida michigan binary challenge state sue stop gaming indian country fails starting gate fact state sue enjoin gaming indian country gaming must addition violate agreement state tribe mutually entered michigan contends alternative remedies may intrusive less respectful tribal sovereignty suit wants bring see brief michigan tr oral arg bay mills presumably better positioned address question emphatically disagrees see law supports bay mills position dispensing immunity sovereign fear pursuing available remedies officers individuals upend known principles sovereign immunity adhering stare decisis particularly appropriate given state shown many alternative remedies need sue tribe right wrong alleges see supra need consider whether situation different alternative remedies available never example specifically addressed far aware congress whether immunity apply ordinary way tort victim plaintiff chosen deal tribe alternative way obtain relief commercial conduct argument cases present special justification abandoning precedent us arizona rumsey see nat gambling impact study final report pp online http visited apr available clerk case file kiowa explained congress foreign sovereign immunities act den ied immunity commercial acts foreign nation codifying earlier state department document known tate letter announcing policy michigan takes issue kiowa account maintaining took lead crafting commercial exception foreign sovereign immunity feel free thing see reply brief decision michigan cites alfred dunhill london republic cuba show state like first michigan points part dunhill opinion commanding four votes see opinion white majority decision based act state doctrine anything foreign sovereign immunity see second even plurality opinion relied heavily views executive branch expressed tate letter going far attach document appendix see opinion white appendix opinion opinion therefore illustrates kiowa highlighted historic practice deferr ing decisions political branches rather going alone addressing foreign sovereign immunity verlinden central bank nigeria compare prevent cigarette trafficking act stat preserving immunity arizona water settlements act stat abrogating immunity dissent claim congress never granted tribal sovereign immunity shape form post apparently take account many statutes congress preserved otherwise ratified tribal immunity see see generally potawatomi congress consistently reiterated approval immunity doctrine dissent principally counters history relevan kiowa decision post ignore kiowa line prior rulings specifically told congress tribal immunity far old common law doctrine lies congress hands configure see potawatomi santa clara pueblo martinez inform congress primary responsibility sphere law invite congress consider specific issue within sphere deem irrelevant congress responds footnotes case involves suit tribe federal principal dissent also critiques tribal sovereign immunity state courts post term gaming facility defined tribal enterprise offer gaming accordance indian gaming regulation act meister casino city indian gaming industry report figure include land taken indian tribes world war ii time tribes reservations liquidated given debo history indians see dept interior office assistant affairs american indian population labor force report placing poverty rate among american indians see also dept commerce bureau census press release income poverty health insurance coverage stating national poverty rate online http visited may available clerk case file footnotes state sovereign immunity exception said immunity suit federal secured constitution see kimel florida bd regents century made clear constitution provide federal jurisdiction suits nonconsenting alden maine although sovereign immunity derives least part tradition immunity exists today constitutional design unlike indian tribes part constitutional order immunity guaranteed lara thomas concurring judgment kiowa noted one case upheld claim immunity state asserted jurisdiction tribal fishing reservation quoting puyallup tribe department game went admit however puyallup discuss relevance fishing taken place justice stevens explained dissent case whether state courts jurisdiction regulate fishing activities reservation occasion consider validity injunction relating solely fishing kiowa defer congressional policy choices already made clear rule chose kiowa divorced ways contrary federal interest see part supra see also kiowa stevens dissenting rule strikingly anomalous departure immunities sovereigns federal state ibid observing kiowa conferred indian tribes broader immunity federal government foreign nations see also florey indian country borders territoriality immunity construction tribal sovereignty boston college rev kiowa actual contours tribal immunity remain astonishingly broad lower courts held tribal immunity shields indian tribes also entities deemed arms tribe see breakthrough management group chukchansi gold casino resort casino economic development authority arms tribe memphis biofuels llc chickasaw nation industries tribal conglomerate arm tribe addition tribal immunity interpreted cover tribal employees officials acting within scope employment see cook avi casino enterprises native american distributing tobacco chayoon chao per curiam tamiami partners miccosukee tribe indians majority appears agree revise judicial doctrine tribal immunity reserves right make tort exception kiowa blanket rule see ante light reservation majority declaration congress job determine whether limit tribal rings hollow exception defer congress make call whether curtail tribe immunity recognizing kiowa wrongly decided first instance event welcome majority interest fulfilling independent responsibility correct kiowa mistaken extension immunity without exceptions commercial conduct regret see fit take step today course stare decisis still applies context reject notion arguments legislative inaction place analysis also reject majority intimation stare decisis applies strongly decisions involving statutory interpretation majority asserts stare decisis case remains free alter done ante quoting patterson mclean credit union although invoked reasoning statutory context aware case relied upon preserve decision indeed minimized reasoning interpreting sherman act precisely treated sherman act statute leegin creative leather products psks emphasis added see also state oil khan general presumption legislative changes left congress less force respect sherman act light accepted view congress courts give shape statute broad mandate drawing surely higher standard stare decisis apply dealing common law proper congress certainly expects shape absence legislative action see national metropolitan bank