Catawba Indian Tribe of South Carolina, Also Known as the Catawba Nation of South Carolina v. State of South Carolina

Although I join in Judge Hall’s dissent, I write separately to add a few words.

*1457First, the Supreme Court has not hesitated to dismiss actions on grounds akin to jurisdictional even after prolonged litigation. In Hughes Tool Co. v. Trans World Airlines, 409 U.S. 363, 93 S.Ct. 647, 34 L.Ed.2d 577 (1973), the Court dismissed the action, finding that the defendant’s actions were immune from the antitrust laws. The dismissal took place some eleven years after the suit began and seven years after the Supreme Court had the opportunity to address the same issue and did not.1 Hughes Tool Co., 409 U.S.…