Hamaatsa, Inc. v. Pueblo of San Felipe

Regardless of the stage of a proceeding, the doctrine of tribal sovereign immunity applies to insulate Indian tribes from being required to defend actions in state court. I therefore believe that this Court must analyze the issues presented to the district court. When I conduct that analysis, I conclude that the Pueblo’s motion to dismiss should have been granted. I thus respectfully dissent.

TRIBAL SOVEREIGN IMMUNITY

My concerns with the Majority Opinion focus on its discussion of (1) Kiowa Tribe, 523 U.S. 751, (2) cases that do not involve tribal sovereign immunity, (3) the equities of this…