One of the most important aspects of sovereignty is immunity from lawsuits. Sovereigns, whether states, Indian tribes or the federal government, can't be sued unless they consent. This is a vestige of the medieval philosophy that a king can do no wrong. The Mescaleros, longtime owners of the Inn of the Mountain Gods near Ruidoso, converted part of the hotel to a casino and made big financial commitments to its gambling operation. It signed a compact with Gary Johnson, New Mexico's governor, to authorize on-reservation gambling.
Compacts are contracts between sovereigns.
In 1992, three years before Gary Johnson's compacts came along, the Mescaleros sued New Mexico and then-Gov. The tribe wanted the courts to order the governor to negotiate in good faith on gambling issues. For years, King stonewalled. The state said the Mescaleros couldn't sue because of sovereign immunity. In addition, the state said Gov. Johnson's compact with the Mescaleros was invalid.