JUSTICE SCALIA, dissenting.
In Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc., 523 U. S. 751 (1998), this Court expanded the judge-invented doctrine of tribal immunity to cover off-reservation commercial activities. Id., at 760. I concurred in that decision. For the reasons given today in JUSTICE THOMAS’s dissenting opinion, which I join, I am now convinced that Kiowa was wrongly decided; that, in the intervening 16 years, its error has grown more glaringly obvious; and that stare decisis does not recommend its retention. Rather than insist that Congress clean up a mess that I helped make, I would overrule Kiowa and reverse the judgment below.
Wow.