To resolve a split of circuits and decide whether Section 106(a) waives sovereign immunity as to Native American tribes, the Supreme Court heard oral argument on April 24 in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 22-227 (Sup. Ct.), according to an analysis in Rochelle's Daily Wire. To this writer’s way of thinking, the statute is opaque. Notably, the arguments by counsel on both sides and every question or comment from the justices were about textualism. There wasn’t a single statement or question exploring policy, asking what the better answer would be from the point of view of creditors, debtors or tribes, or finding the answer in the objectives of the Bankruptcy Code and federal law regarding tribes.
