Todd Henderson Recap of Lewis v. Clarke Oral Argument

On SCOTUSblog here.

An excerpt:

At the end of the day, there was no strong consensus among the justices about how this case should turn out. This was in part because the case has many moving doctrinal parts. It could be resolved on broad sovereignty grounds, on a reconsideration of the court’s distinction between sovereign and official immunity, on the efficacy of tribal justice, on the possibility of comity or using bargaining to protect individual litigants, or a host of other possibilities. Because the case comes to the court early in the litigation and without a full complement of justices, it is an unlikely vehicle for reworking the court’s sovereign immunity jurisprudence. A soft prediction is that the court will send the case back to the Connecticut courts to reconsider issues of comity, official immunity and the implication of the off-reservation location of the accident.

 

This entry was posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court and tagged , , , . Bookmark the permalink.

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