Supreme Court remands Madison County New York v. Oneida Indian Nation to Second Circuit

On January 10, the Supreme Court released a per curiam decision in Madison County New York v. Oneida Indian Nation, No. 10-72, vacating and remanding to the Second Circuit with instructions to reconsider its decision on sovereign immunity in light of factual developments.

In 2010, the Supreme Court granted certiorari on the questions "whether tribal sovereign immunity from suit, to the extent it should continue to be recognized, bars taxing authorities from foreclosing to collect lawfully imposed property taxes" and "whether the ancient Oneida reservation in New York was disestablished or diminished."

In November, counsel for Oneida Indian Nation advised the Court that, by declaration and ordinance, it had waived "its sovereign immunity to enforcement of real property taxation through foreclosure by state, county and local governments within and throughout the United States."

After the parties exchanged correspondence regarding the validity, scope, and permanence of the waiver, the Court vacated the judgment and remanded the case to the Second Circuit, instructing it to address (1) whether to revisit its ruling on sovereign immunity and, if necessary, (2) to proceed to address other questions in the case consistent with its sovereign immunity ruling.

Justice Sotomayor took no part in the consideration or decision of this case.