Cite as: 523 U. S. 751 (1998)
Opinion of the Court
officers to keep the peace." Id., at 358. "No such liability existed by the general law." Id., at 357.
The quoted language is the heart of Turner. It is, at best, an assumption of immunity for the sake of argument, not a reasoned statement of doctrine. One cannot even say the Court or Congress assumed the congressional enactment was needed to overcome tribal immunity. There was a very different reason why Congress had to pass the Act: "The tribal government had been dissolved. Without authorization from Congress, the Nation could not then have been sued in any court; at least without its consent." Id., at 358. The fact of tribal dissolution, not its sovereign status, was the predicate for the legislation authorizing suit. Turner, then, is but a slender reed for supporting the principle of tribal sovereign immunity.
Turner's passing reference to immunity, however, did become an explicit holding that tribes had immunity from suit. We so held in USF&G, saying: "These Indian Nations are exempt from suit without Congressional authorization." 309 U. S., at 512 (citing Turner, supra, at 358). As sovereigns or quasi sovereigns, the Indian Nations enjoyed immunity "from judicial attack" absent consent to be sued. 309 U. S., at 513-514. Later cases, albeit with little analysis, reiterated the doctrine. E. g., Puyallup, 433 U. S., at 167, 172-173; Santa Clara Pueblo, 436 U. S., at 58; Three Affiliated Tribes, 476 U. S., at 890-891; Blatchford, supra, at 782; Coeur d'Alene, supra, at 268.
The doctrine of tribal immunity came under attack a few years ago in Potawatomi, supra. The petitioner there asked us to abandon or at least narrow the doctrine because tribal businesses had become far removed from tribal self-governance and internal affairs. We retained the doctrine, however, on the theory that Congress had failed to abrogate it in order to promote economic development and tribal self-sufficiency. Id., at 510. The rationale, it must be said, can be challenged as inapposite to modern, wide-ranging tribal
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