kiowa tribe oklahoma manufacturing technologies argued january decided may held indian tribes enjoy sovereign immunity civil suits contracts whether contracts involve governmental commercial activities whether made reservation matter federal law tribe subject suit congress authorized suit tribe waived immunity see three affiliated tribes fort berthold reservation wold engineering respondent request confine immunity transactions reservations tribal governmental activities rejected precedents drawn distinctions see puyallup tribe department game cases allowing apply substantive laws tribal activities occurring outside indian country involving nonmembers recognized tribes continue enjoy immunity suit see oklahoma tax citizen band potawatomi tribe oklahoma appeals belief federal law mandate immunity mistaken matter federal law subject diminution three affiliated tribes supra nevertheless tribal immunity doctrine developed almost accident precedents reciting see fidelity guaranty rest early cases assumed immunity without extensive reasoning see turner wisdom perpetuating doctrine may doubted chooses adhere earlier decisions deference congress see potawatomi supra may wish exercise authority limit tribal immunity explicit legislation see santa clara pueblo martinez congress done thus far petitioner waived immunity governs pp reversed ennedy delivered opinion ehnquist onnor calia outer reyer joined tevens filed dissenting opinion homas insburg joined 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 kiowa tribe oklahoma petitioner manufacturing technologies writ certiorari civil appeals ofoklahoma first division may justice kennedy delivered opinion commercial suit indian tribe oklahoma appeals rejected tribe claim sovereign immunity case law date often recites rule tribal immunity suit precedents rest early cases assumed immunity without extensive reasoning adhere decisions reverse judgment petitioner kiowa tribe indian tribe recognized federal government tribe owns land oklahoma addition holds land state trust tribe though record vague key details facts appear follows tribal entity called kiowa industrial development commission agreed buy respondent manufacturing technologies certain stock issued aviation april tribe business committee signed promissory note name tribe note tribe agreed pay manufacturing technologies plus interest face note recites signed carnegie oklahoma tribe complex land held trust tribe according respondent however tribe executed delivered note manufacturing technologies oklahoma city beyond tribe lands note obligated tribe make payments oklahoma city note specify governing law paragraph entitled waivers governing law provide nothing note subjects limits sovereign rights kiowa tribe oklahoma app tribe defaulted respondent sued note state tribe moved dismiss lack jurisdiction relying part sovereign immunity suit trial denied motion entered judgment respondent oklahoma appeals affirmed holding indian tribes subject suit state breaches contract involving commercial conduct oklahoma declined review judgment granted certiorari ii matter federal law indian tribe subject suit congress authorized suit tribe waived immunity see three affiliated tribes fort berthold reservation wold engineering santa clara pueblo martinez fidelity guaranty usf date cases sustained tribal immunity suit without drawing distinction based tribal activities occurred one case state asserted jurisdiction tribal fishing reservation puyallup tribe department game held tribe claim immunity well founded though discuss relevance fishing taken place yet drawn distinction governmental commercial activities tribe see ibid recognizing tribal immunity fishing may well commercial activity oklahoma tax citizen band potawatomi tribe recognizing tribal immunity suit taxation cigarette sales usf supra recognizing tribal immunity lease though respondent asks us confine immunity suit transactions reservations governmental activities precedents drawn distinctions cases allowing apply substantive laws tribal activities contrary recognized state may authority tax regulate tribal activities occurring within state outside indian country see mescalero apache tribe jones see also organized village kake egan say substantive state laws apply conduct however say tribe longer enjoys immunity suit potawatomi example reaffirmed oklahoma may tax cigarette sales tribe store nonmembers tribe enjoys immunity suit collect unpaid state taxes difference right demand compliance state laws means available enforce see oklahoma appeals nonetheless believed federal law mandate tribal immunity resting holding decision hoover oklahoma cert denied hoover oklahoma held tribal immunity commercial activity like decision exercise jurisdiction sister state solely matter comity citing nevada hall according hoover state holds open breach contract suits may allow citizens sue sovereigns acting within state often noted however immunity possessed indian tribes coextensive see blatchford native village noatak blatchford distinguished state sovereign immunity tribal sovereign immunity tribes constitutional convention thus parties mutuality concession makes surrender immunity suit sister plausible accord idaho coeur tribe idaho slip tribal immunity matter federal law subject diminution three affiliated tribes supra washington confederated tribes colville reservation though doctrine tribal immunity settled law controls case note developed almost accident doctrine said opinions rest opinion turner see potawatomi supra though turner indeed cited authority immunity examination shows simply stand proposition case arose lands within creek nation public domain subject powers sovereign people turner supra creek nation gave individual creek grazing rights portion creek nation public lands creeks turn leased grazing rights turner built long fence around land mob creek indians tore fence congress passed law allowing turner sue creek nation claims claims dismissed turner suit opinion justice brandeis affirmed stated fundamental obstacle recovery immunity sovereign suit lack substantive right recover damages resulting failure government officers keep peace turner liability existed general law quoted language heart turner best assumption immunity sake argument reasoned statement doctrine one even say congress assumed congressional enactment needed overcome tribal immunity different reason congress pass act tribal government dissolved without authorization congress nation sued least without consent fact tribal dissolution sovereign status predicate legislation authorizing suit turner slender reed supporting principle tribal sovereign immunity turner passing reference immunity however become explicit holding tribes immunity suit held usf saying indian nations exempt suit without congressional authorization citing turner supra sovereigns indian nations enjoyed immunity judicial attack absent consent sued later cases albeit little analysis reiterated doctrine puyallup santa clara pueblo martinez three affiliated tribes blatchford supra coeur supra slip doctrine tribal immunity came attack years ago potawatomi supra petitioner asked us abandon least narrow doctrine cause tribal businesses become far removed tribal internal affairs retained doctrine however theory congress failed abrogate order promote economic development tribal potawatomi rationale must said challenged inapposite modern tribal enterprises extending well beyond traditional tribal customs activities justice stevens separate opinion criticized tribal immunity founded upon anachronistic fiction suggested might extend offreservation commercial activity concurring opinion reasons doubt wisdom perpetuating doctrine one time doctrine tribal immunity suit might thought necessary protect nascent tribal governments encroachments interdependent mobile society however tribal immunity extends beyond needed safeguard tribal evident tribes take part nation commerce tribal enterprises include ski resorts gambling sales cigarettes see mescalero jones potawatomi supra seminole tribe florida economic context immunity harm unaware dealing tribe know tribal immunity choice matter case tort victims considerations might suggest need abrogate tribal immunity least overarching rule respondent ask us repudiate principle outright suggests instead confine reservations noncommercial activities decline draw distinction case defer role congress may wish exercise important judgment congress acted background deci sions restricted tribal immunity suit limited circumstances see mandatory liability insurance ii gaming activities statutes declared intention alter see nothing program construed affecting modifying diminishing otherwise impairing sovereign immunity suit enjoyed indian tribe see also potawatomi discussing indian financing act stat et seq considering congress role reforming tribal immunity find instructive problems sovereign immunity foreign countries tribal immunity foreign sovereign immunity began judicial doctrine chief justice marshall held courts jurisdiction armed ship foreign state even american port schooner exchange mcfaddon cranch holding narrow opinion came regarded extending virtually absolute immunity foreign sovereigns verlinden central bank nigeria state department issued came known tate letter announcing policy denying immunity commercial acts foreign nation see difficulties implementing principle led congress enact foreign sovereign immunities act resulting predictable precise rules see discussing foreign sovereign immunities act like foreign sovereign immunity tribal immunity matter federal law verlinden supra although taken lead drawing bounds tribal immunity congress subject constitutional limitations alter limits explicit legislation see santa clara pueblo fields congress position weigh accommodate competing policy concerns reliance interests capacity legislative branch address issue comprehensive legislation counsels caution us area congress occasionally authorized limited classes suits indian tribes always liberty dispense tribal immunity limit potawatomi supra yet done light concerns decline revisit case law choose defer congress tribes enjoy immunity suits contracts whether contracts involve governmental commercial activities whether made reservation congress abrogated immunity petitioner waived immunity governs case contrary decision oklahoma appeals reversed kiowa tribe oklahoma petitioner manufacturing technologies writ certiorari civil appeals ofoklahoma first division may justice stevens justice thomas justice ginsburg join dissenting absent express federal law contrary indians going beyond reservation boundaries generally held subject nondiscriminatory state law otherwise applicable citizens state mescalero apache tribe jones federal statute treaty provides petitioner kiowa tribe oklahoma immunity application oklahoma law commercial activities opinion extend judgemade doctrine sovereign immunity authority state courts decide whether accord immunity indian tribes matter comity doctrine sovereign immunity amalgam two quite different concepts one applicable suits sovereign courts suits courts another sovereign nevada hall former category sovereign power determine jurisdiction courts define substantive legal rights citizens adequately ex plains lesser authority define immunity kawananakoa polyblank sovereign claim immunity courts second sovereign however normally depends second sovereign law schooner exchange mcfaddon cranch indian tribe assertion immunity state judicial proceeding unique implicates law three different sovereigns tribe state federal government correctly observes doctrine tribal immunity judicial jurisdiction developed almost accident ante origin attributed two federal cases involving three five civilized tribes former case turner rejected claim creek nation whose tribal government dissolved explains case provides slender reed support doctrine even federal ante latter case fidelity guaranty usf federal government sought recover royalties due coal leases executed behalf choctaw chickasaw nations held government action barred prior judgment entered different federal holding prior judgment void far undertakes fix credit indian nations id rested two grounds first companion case decided day ruled justiciable courts congress consented consideration ibid statute authorized prior adjudication federal government second ground statement supported citation turner two eighth circuit decisions addressing immunity two five civilized tribes indian nations exempt suit without congressional authorization ibid emphasis added holding extends federal cases litigating behalf tribe moreover turner usf arose conduct occurred indian reservations subsequent cases made clear legislative jurisdiction conduct indian tribes even onreservation activities thus litigation consumed decade included three decisions rejected tribe claim doctrine sovereign immunity precluded state washington regulating fishing activities puyallup reservation puyallup tribe department game true incident important holding vacated portions decree directed tribe id action however little practical effect upheld portions decree granting relief entire class indians represented tribe although justice blackmun one strongest supporters indian rights wrote separately express doubts continuing vitality day doctrine tribal immunity enunciated fidelity guaranty opinion purport extend explain doctrine moreover tribe predominant argument state courts washington without jurisdiction regulate fishing activities reservation id occasion consider validity injunction relating solely fishing several cases since puyallup broadly referred tribes immunity suit little analysis ante considering controversies arising reservation territory santa clara pueblo martinez tribe member daughter lived santa clara pueblo reservation sued federal challenge validity tribal membership law agreed tribe lacked jurisdiction decide intratribal controvers affecting matters tribal sovereignty id decision three affiliated tribes fort berthold reservation wold engineering held north dakota require tribe blanket waiver sovereign immunity condition permitting tribe sue private parties state condition unduly intrusive tribe common law sovereign immunity thus ability govern according laws required tribe open coercive jurisdiction state courts matters occurring reservation id recently held federal lacked authority entertain oklahoma claims unpaid taxes cigarette sales made tribal trust land treated reservation territory oklahoma tax citizen band potawatomi tribe sum treated doctrine sovereign immunity judicial jurisdiction settled law none cases applied doctrine purely conduct despite broad language used prior cases quite wrong suggest merely following precedent simply never considered whether tribe immune suit meaningful nexus tribe land sovereign functions moreover none opinions attempted set forth reasoned explanation distinction power regulate offreservation conduct indian tribes power adjudicate disputes arising conduct accordingly agree late repudiate doctrine entirely following reasons extend doctrine beyond present contours ii three compelling reasons favor exercise judicial restraint first power assumed belongs first instance congress fact congress may nullify modify grant virtually unlimited tribal immunity justify performance legislative function merely announcing rule comity federal judges observe announcing rule state power reasons undergird strong presumption construing federal statutes state law see cipollone liggett group apply added force rules absence congressional statute treaty defining indian tribes sovereign immunity creation federal default rule immunity might theory justified federal interests setting rule however deferring congress exercising caution ante creating law fails identify federal interests supporting extension sovereign concedes present doctrine lacks justification ante completely ignores state interests opinion thus far cry comprehensive inquiry indian law context described three affiliated tribes calls examination congressional plan also nature state federal tribal interests stake quoting white mountain apache tribe bracker stronger reasons needed fill gap left congress second rule strikingly anomalous indian tribe enjoy broader immunity federal government foreign nations matter national policy waived immunity tort liability liability arising commercial activities see federal tort claims act tucker act congress also decided foreign sovereign immunities act foreign may sued federal state courts claims based upon commercial activities carried activities elsewhere direct effect state may sued courts another state nevada hall fact surrendered aspects sovereignty joined union even arguably present legitimate basis concluding indian tribes retainedor indeed ever sovereign immunity offreservation commercial conduct third rule unjust especially respect tort victims opportunity negotiate waiver sovereign immunity yet nothing reasoning limits rule lawsuits arising voluntary contractual relationships governments like individuals pay debts held accountable unlawful injurious conduct respectfully dissent footnotes shaw general notion drawn chief justice marshall opinion worcester georgia pet kansas indians wall new york indians wall indian reservation distinct nation within whose boundaries state law penetrate yielded closer analysis confronted course subsequent developments diverse concrete situations organized village kake egan dussias heeding demands justice justice blackmun indian law opinions rev particular asserted private party assumed barred sovereign immunity concerned construction system tribe reservation three affiliated tribes cites blatchford native village noatak idaho coeur tribe idaho reiterated doctrine tribal sovereign immunity ante cases upheld state sovereign immunity eleventh amendment sued federal indian tribe passing references tribes immunity suit discuss scope immunity course dicta