Hoover v. Kiowa Tribe of Oklahoma

¶ 1 KAUGER, Chief Justice,

dissenting, with whom SUMMERS, Vice Chief Justice, joins:

¶2 The majority holds that a federally recognized Indian tribe conducting economic activity in OHahoma may be sued in state court “on the same terms as any other person.”1 It equates the legal status of an Indian nation with that of a “private party.”2 In maHng the classification, the majority relies upon what it characterizes as the history of the diminishment of Indian sovereignty in OHahoma. However, the question of the viability of tribal sovereignty is not presented. Rather, this cause revolves around the…