Whether the immovable-property exception applies to tribal sovereign immunity

QUESTION PRESENTED In Upper Skagit Indian Tribe v. Lundgren, this Court declined to decide the “grave” question whether the exception that applies to all other forms of sovereign immunity also applies to tribal sovereign immunity, because that question had not been pressed or passed upon below. 138 S. Ct. 1649, 1653-54 (2018). The Chief Justice did “not object to the Court’s determination to forgo consideration of the immovable-property rule at th[at] time,” but explained that the question would “need to be addressed in a future case.” Id. at 1656 (Roberts, C.J., concurring). Justice Thomas, joined by Justice Alito, dissented on the ground that the exception “obviously applies to tribal immunity—as it does to every other type of sovereign immunity that has ever been recognized.” Id. (Thomas, J., dissenting). The question presented is: Whether the immovable-property exception applies to tribal sovereign immunity.