There was never a need for a Supreme Court fix for Tribal sovereign immunity. Today’s decision in Michigan v. Bay Mills Indian Community by the U.S. Supreme Court is quite simply an action by the Supreme Court to uphold existing law as already understood by Indian Country. This decision is an important affirmation of Tribal inherent sovereignty in general, and of Tribal sovereign immunity in particular, both on and off reservation lands and as applied to a variety of activities. The decision is also an affirmation that Tribes, through compacts and other means, have already addressed issues regarding Tribal sovereign immunity in a responsible manner with the States and with other parties.
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