Page:Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.pdf/23

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LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS v. COUGHLIN

Thomas, J., concurring in judgment

duct of Indian tribes, and even over some on-reservation activities.” Kiowa, 523 U. S., at 762 (Stevens, J., dissenting) (describing the Court’s prior cases). Rather than accepting the flawed premise of tribal immunity and deciding the abrogation question beyond the looking glass, the Court should simply abandon its judicially created tribal sovereign immunity doctrine.