8/20/19
TRIBAL SOVEREIGN IMMUNITY AND THE GAMING REGULATOR
Elizabeth L. Homer Homer Law Chartered
Tribal Sovereign Immunity: General Principles
u Sovereign immunity is a fundamental aspect of an Indian tribe’s inherent sovereignty q As noted by the Supreme Court, tribal sovereign immunity “is a necessary corollary to Indian sovereignty and self-governance.” u Tribal governments are immune from lawsuits in
both federal and state courts UNLESS: q 1) Congress has authorized the suit; or q 2) The tribe has waived its immunity
u Sovereign immunity also extends to commercial activities conducted by tribal entities that are “arms” of the tribe
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