A recent ruling by the U.S. Supreme Court that tribes cannot be sued by states even when they engage in activities on property that isn’t part of the reservation is seen as helpful by many tribes.
The ruling, in the case of Michigan v Bay Mills Indian Community, held that the state of Michigan was prevented by sovereign immunity from suing the tribe that was operating a casino in the town, even though the land has not yet been placed into trust. Justices ruled that the state could not sue the tribe under provisions of the Indian Gaming Regulatory Act for activities not occurring on Indian lands.
This could prevent other states from challenging their tribes’ sovereign rights in court, reason some experts in Indian law. It certainly prevented the state from pursing a similar case against the Sault Ste. Marie Tribe of Chippewa Indians.
In Oklahoma the ruling was used to decide a similar case involving the Kialegee Tribe.
