752
Syllabus
homa Court of Civil Appeals' belief that federal law does not mandate such immunity is mistaken. It is a matter of federal law and is not subject to diminution by the States. E. g., Three Affiliated Tribes, supra, at 891. Nevertheless, the tribal immunity doctrine developed almost by accident: The Court's precedents reciting it, see, e. g., United States v. United States Fidelity & Guaranty Co., 309 U. S. 506, 512, rest on early cases that assumed immunity without extensive reasoning, see, e. g., Turner v. United States, 248 U. S. 354, 358. The wisdom of perpetuating the doctrine may be doubted, but the Court chooses to adhere to its earlier decisions in deference to Congress, see Potawatomi, supra, at 510, which may wish to exercise its authority to limit tribal immunity through explicit legislation, see, e. g., Santa Clara Pueblo v. Martinez, 436 U. S. 49, 58. Congress has not done so thus far, nor has petitioner waived immunity, so it governs here. Pp. 754-760.
Reversed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Thomas and Ginsburg, JJ., joined, post, p. 760.
R. Brown Wallace argued the cause for petitioner. With him on the briefs was Shelia D. Tims.
Edward C. DuMont 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 David C. Shilton.
John E. Patterson, Jr., argued the cause and filed a brief for respondent.*
*Briefs of amici curiae urging reversal were filed for the Assiniboine and Sioux Tribes of the Fort Peck Reservation et al. by William R. Perry; for the Cheyenne-Arapaho Tribes of Oklahoma et al. by Donald R. Wharton and Kim Jerome Gottschalk; for the Choctaw Nation of Oklahoma et al. by Bob Rabon; for the Cow Creek Band of Umpqua Tribe of Indians et al. by Michael J. Wahoske; for the Fond Du Lac Band of Lake Superior Chippewa by Dennis J. Peterson and Henry M. Buffalo, Jr.; for the Navajo Nation et al. by Paul E. Frye; for the Seminole Nation of Oklahoma et al. by D. Michael McBride III and David A. Mullon, Jr.; and for
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