Acting Solicitor General Barbara Underwood, writing for the federal government, urged the high court to stay out of the case. Nader sued before the October debates last year, from which he was excluded. The two lower courts ruled against Nader late last year. Though tribal governments generally are protected from lawsuits, the court ruled that the Citizen Potawatomi Nation surrendered its sovereign immunity by signing a construction contract that requires arbitration be used to settle disputes. Without comment, turned down a challenge to a 1994 California law that stops cities and counties from enforcing historic-preservation laws against property owned by religious organizations if the church groups request exemption and explain their reasons.
Foes say the law unconstitutionally privileges religion.