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US Supreme Court considers case concerning bankruptcy code, sovereign immunity of Native American tribes

by Derek Andrews
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The US Supreme Courtroom Monday heard oral arguments in Lac du Flambeau Band v. Coughlin, which focuses on the impact of the Bankruptcy Code on the sovereign immunity of Native American tribes. The court docket will think about the query of whether or not Congress meant to permit folks to sue Native American tribes in chapter disputes and can then decide whether or not the waiver of immunity below the Bankruptcy Reform Act for international or home authorities extends to those Native American tribes.

The Chapter Code revokes sovereign immunity from the US, division companies and “different international or home authorities[s].” Attorneys for Lac du Flambeau Band (Flambeau) argued that Indian tribes don’t fall below the international or home governments class. Flambeau argued that the code doesn’t confer with Indian tribes as a result of Congress didn’t particularly identify them as they’ve prior to now. The tribe additionally argued that Congress has by no means revoked sovereign immunity from Indian tribes with out straight mentioning tribes, some extent which Chief Justice Roberts acknowledged.

Attorneys for Coughlin argued that the code must be construed as to revoke sovereign immunity from Indian tribes. It was argued that tribes are a sort of home governmental models which the statute distinctly contains. Coughlin additionally factors to the truth that the Supreme Courtroom has beforehand decided that Congress needn’t use particular “magic phrases”.

Justices Elena Kagan and Brett Kavanaugh each pointed to the truth that Congress has traditionally listed tribes of their statutes. Kagan even acknowledged that it was “odd” that the statute listed companies that not often seem earlier than the Supreme Courtroom however not Indian tribes.

Photograph supply: jurist.org

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