Congress' Fix To Tribal Sovereign Immunity Misses The Point

By Anthony Caso (April 6, 2018, 3:33 PM EDT) -- Recently, a bill was introduced in Congress to strip Native American tribes of tribal sovereign immunity on issues relating to patents. Under sovereign immunity, Native American tribes generally cannot be sued in federal court without their consent. The U.S. Supreme Court has ruled that Congress has the power to grant or revoke this immunity. It may well be a good idea to revoke this sovereign immunity in order to grant citizens a remedy when they claim they have been harmed by an action of an Native American tribe. However, this proposed law does not solve that problem. Instead, it only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents....

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