Page:Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.pdf/3

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Cite as: 599 U. S. ____ (2023)
3

Syllabus

(c) Petitioners fail to sow doubt into these clear statutory provisions. Pp. 10–15.

(1) Petitioners insist that neither §101(27) nor §106(a) mentions tribes by name. But Congress need not use any particular words to make its abrogation intent clear. Cooper, 566 U. S., at 291. And the fact that Congress has referenced tribes specifically in other statutes abrogating tribal sovereign immunity does not foreclose it from using different language to accomplish that same goal in other statutory contexts. Pp. 10–11.

(2) Petitioners also contend that the catchall phrase “other foreign or domestic government” can plausibly be read to include only entities that are purely foreign “or” purely domestic. In petitioners’ view, the catchall phrase would thus exclude tribes or other governments that have foreign and domestic features. But Congress has expressly instructed that the word “or,” as used in the Code, “is not exclusive.” §102(5). In any event, petitioners do not explain why the Bankruptcy Code would draw such a line in the sand.

Finally, petitioners suggest that Congress has historically treated various types of governments differently for purposes of bankruptcy law, relying on provisions preceding the Bankruptcy Code’s enactment. Yet petitioners fail to demonstrate that the Code—which comprehensively revised bankruptcy practice—carried forward any such differential treatment. Pp. 11–15.

33 F. 4th 600, affirmed.

Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion.