Strate v. A-1 Contractors, 520 U. S. 438 (1997)

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Cite as: 520 U. S. 438 (1997)

Syllabus

A-1 was engaged in subcontract work on the reservation, and therefore had a "consensual relationship" with the Tribes, Fredericks was not a party to the subcontract, and the Tribes were strangers to the accident. Montana's second exception, concerning conduct that "threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe," 450 U. S., at 566, is also inapplicable. The cases cited by Montana as stating this exception each raised the question whether a State's (or Territory's) exercise of authority would trench unduly on tribal self-government. Fisher v. District Court of Sixteenth Judicial Dist. of Mont., 424 U. S. 382, 386; Williams, 358 U. S., at 220; Montana Catholic Missions v. Missoula County, 200 U. S. 118, 128-129; and Thomas v. Gay, 169 U. S. 264, 273. Opening the Tribal Court for Fredericks' optional use is not necessary to protect tribal self-government; and requiring A-1 and Stockert to defend against this commonplace state highway accident claim in an unfamiliar court is not crucial to the Tribes' political integrity, economic security, or health or welfare. Pp. 456-459. 76 F. 3d 930, affirmed.

Ginsburg, J., delivered the opinion for a unanimous Court.

Melody L. McCoy argued the cause for petitioners. With her on the brief was Donald R. Wharton.

Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Edward J. Shawaker.

Patrick J. Ward argued the cause and filed a brief for respondents.*

*Briefs of amici curiae urging reversal were filed for the Assiniboine and Sioux Tribes of the Fort Peck Reservation et al. by Reid Peyton Chambers; for the Northern Plains Tribal Judges Association by B. J. Jones; for the Shakopee Mdewakanton Sioux (Dakota) Community et al. by Kurt V. BlueDog and Richard A. Duncan; and for the Yavapai-Apache Nation et al. by Susan M. Williams and Gwenellen P. Janov.

Briefs of amici curiae urging affirmance were filed for the State of Montana et al. by Joseph P. Mazurek, Attorney General of Montana, Clay R. Smith, Solicitor, and Harley R. Harris, Assistant Attorney General, joined by the Attorneys General for their respective jurisdictions as fol-

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