Upper Skagit Indian Tribe v. Lundgren

Holding: County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U. S. 251, addressed only a question of statutory interpretation of the Indian General Allotment Act of 1887, not the question whether Indian tribes have sovereign immunity in in rem lawsuits. The Lundgrens now ask the Supreme Court to affirm on an alternative, common-law ground: that the tribe cannot assert sovereign immunity because this suit relates to immovable property located in Washington state, purchased by the tribe in the same manner as a private individual. Because this alternative argument did not emerge until late in this case, the Washington Supreme Court should address it in the first instance.

Judgment: Vacated and remanded, 7-2, in an opinion by Justice Gorsuch on May 21, 2018. Chief Justice Roberts filed a concurring opinion, in which Justice Kennedy joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

• OT2017 #26: "The Murder Zone" (First Mondays)
• Opinion analysis: Justices reject state-court justification for limiting tribal immunity from state-court actions to adjudicate title to land (Ronald Mann)
• A "view" from the courtroom: Strength in numbers (Corrected) (Mark Walsh)
• Argument analysis: Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theory (Ronald Mann)
• A "view" from the courtroom: Just another (snowy) workday here (Mark Walsh)
• Argument preview: Justices to consider tribal immunity from state-court actions to adjudicate title to land (Ronald Mann)
• Justices release March calendar (Amy Howe)
• Court adds seven new cases to merits docket (Amy Howe)
• Petition of the day (Aurora Barnes)