The Oklahoma Bar Journal April 2024

APRIL 2024 | 35 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. power to “enact legislation that both restricts and, in turn, relaxes those restrictions on tribal sovereign authority.”7 Pursuant to this power, it has imposed sweeping abrogations of tribal sovereignty, including restricting the ability of tribes to prosecute major crimes on their lands, forcing tribes to enter into state compacts to conduct Class III gaming within the state and even fully terminating tribal governments.8 But although the Supreme Court has upheld congressional abrogation of tribal sovereignty, it will not “lightly assume that Congress ... intends to undermine Indian self-government.”9 Instead, to find congressional abrogation of tribal sovereignty, the Supreme Court requires a clear, unequivocal intent from Congress.10 The Supreme Court has similarly held that tribal sovereign immunity – which generally protects tribal governments and tribal entities from lawsuits against private individuals and states – will also

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