Supreme Court of the United States

City of Sherrill, New York v. Oneida Indian Nation of New York — Stevens, J., Dissenting

March 29, 2005544 U.S. 197

Summary

Justice Stevens dissents, arguing that only Congress has the power to diminish a reservation or revoke tribal tax immunity. He contends the majority's ruling effectively disestablishes tribal status without congressional authorization and violates established Indian law principles. Justice Souter concurred, noting that the Tribe's long inaction in asserting sovereignty over the land is relevant to its sovereign status claims.