The Court's Disquietude With the 1978 Definition of Foreign and Domestic Governments

Justice Jackson expressed doubts, suggesting petitioners are asking for a special rule that preserves the sovereign immunity of tribes. Shaw argued tribes honor the automatic stay, but their immunity was not abrogate. The court is genuinely troubled by Congress's odd addition of a list enumerating various governments in its definition,. But whether that disquietude means the court is ready to exclude one government from the catch all phrase seems pretty unlikely.