U.S. Supreme Court,
Native Americans
Apr. 28, 2017
Tribal sovereignty at the high court
A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.
Jeremy K. Robinson
Partner
Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP
110 Laurel St
San Diego , California 92101-1486
Phone: (619) 238-1811
Fax: (619) 544-9232
Email: jrobinson@cglaw.com
Jeremy is chair of the firm's Motion and Appellate Practice.
Tribal sovereign immunity has always been problematic for the courts.
Created "almost by accident" in Turner v. United States, 248 U.S. 354 (1919), it has increasingly come under fire for being inapt in modern settings. Indeed, in Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751 (1998), Justice Anthony Kennedy, writing for the majority, said: "There are reasons to doubt the wisdom of perpetuating the doctrine." He noted that "[a]t one time, the doctrine o...
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