Sovereign Immunity: From Policy to Practice
- Reneau J. Longoria, Esq.
- Apr 25
- 1 min read
Updated: May 26
In the April 2025 Issue of MortgagePoint Magazine, Reneau Longoria explores the issue of sovereign immunity at the intersection of Bankruptcy and Indian Law.
The U.S. Supreme Court’s 2023 decisions in Haaland v. Brackeen and Lac du Flambeau Band v. Coughlin reveal a complex tension between upholding tribal sovereignty and eroding it under federal law, particularly in bankruptcy cases. A deeper dive into Eagle Bear, Inc. v. Independence Bank showcases how federal mismanagement continues to undermine tribal self-governance and economic development, exploring the legal environment around the question of sovereign immunity from various perspectives.
“The [Bankruptcy] Code unequivocally abrogates the sovereign immunity of all governments, categorically. Tribes are indisputably governments. Therefore, § 106(a) unmistakably abrogates their sovereign immunity too.” Coughlin, 599 U.S. at 393.” By considering cases that both clarify and challenge this matter, the article provides a relevant discussion of the balance between legal precedent and practical realities.
Reneau J. Longoria, Esq., an enrolled member of the Little Shell Tribe of Chippewa Indians of Montana, contributor to The Urban Lawyer, with insights on the evolving landscape of tribal law and policy.
©2025. Published in The Urban Lawyer Vol. 53, No. 1, Winter 2025, by the American Bar Association.
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