370
Opinion of the Court
V
Finally, a few words in response to the concurrence of Justice O'Connor, which is in large part a dissent from the views expressed in this opinion.9
The principal point of the concurrence is that our reasoning "gives only passing consideration to the fact that the state officials' activities in this case occurred on land owned and controlled by the Tribes," post, at 392. According to Justice O'Connor, "that factor is not prominent in the Court's analysis," post, at 395. Even a cursory reading of our opinion demonstrates that this is not so. To the contrary, we acknowledge that tribal ownership is a factor in the Montana analysis, and a factor significant enough that it "may sometimes be . . . dispositive," supra, at 360. We simply do not find it dispositive in the present case, when weighed against the State's interest in pursuing off-reservation violations of its laws. See supra, at 364 (concluding that "[t]he State's interest in execution of process is considerable" enough to outweigh the tribal interest in self-government "even when it relates to Indian-fee lands"). The concurrence is of course free to disagree with this judgment; but to say that failure to give tribal ownership deter-9 Justice O'Connor claims we have gone beyond the scope of the questions presented in this case by determining whether the Tribes could regulate the state game warden's actions on tribal land, because this is a case about tribal "civil adjudicatory jurisdiction." See post, at 397 (opinion concurring in part and concurring in judgment). But the third question presented, see Pet. for Writ of Cert. i, is as follows: "Is the rule of [Montana], creating a presumption against tribal court jurisdiction over non-members, limited to cases in which a cause of action against a nonmember arises on lands within a reservation which are not controlled by the tribe?" Montana dealt only with regulatory authority, and is tied to adjudicatory authority by Strate, which held that the latter at best tracks the former. As is made clear in the merits briefing, petitioners' argument is that the Tribes lacked adjudicatory authority because they lacked regulatory authority over the game wardens. See Brief for Petitioners 36-44.
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