U.S. Supreme Court Says Bankruptcy Law Overrides Tribal Sovereignty

Kevin King’s commentary was included in a Reuters article discussing the recent U.S. Supreme Court decision, Lac du Flambeau Band of Lake Superior Chippewa Indians et al v. Brian Coughlin. In the 8-1 ruling, the Court held that U.S. bankruptcy laws preempt sovereign immunity and apply to all creditors.

According to Kevin, the ruling was another example of recent Supreme Court opinions rejecting sweeping claims of tribal immunity, and it was notable in finding a "clear statement of congressional intent" even without the inclusion of "magic words" referring to tribes.

"That holding opens the door to arguments in other cases against tribal immunity, even when a statute does not refer to tribes directly," he added.

Read the full article here.