Nevada v. Hicks — Soutek, J., Concurring

Summary

Justice Soutek agrees that the tribal court lacked jurisdiction over the state officers and joins the Court's disposition, but would reach that result by applying a general presumption against tribal civil jurisdiction over nonmembers, subject to two exceptions. He would treat land status as relevant to those exceptions rather than as the threshold jurisdictional fact, and concludes that remand is unnecessary because the record forecloses the applicable exception. The separate opinions contest the scope and rationale of the Court's rule, with Justice O’Connor favoring remand for a fuller application of the exceptions, Justice Stevens disputing the treatment of federal claims, and Justice Ginsburg emphasizing the decision's limited scope.