This case presents the issue of whether a tribal college, incorporated under the laws of the Confederated Salish and Kootenai Tribes and, subsequently, the State of Montana, may be considered an arm of the Tribe, thus benefitting from tribal sovereign immunity. The resolution of this issue will influence tribal jurisdictional questions throughout the state and the country. The Appellant, Stephen McCoy, asserts that the federal courts have federal question jurisdiction over his Title VII claims against Appellee, Salish Kootenai College, Inc. because it is not an arm of the Tribe and therefore is not immune from Title VII claims.
Remy Orrantia, Oral Argument Preview, McCoy v. Salish Kootenai College, Inc.: How Far Does Sovereign Immunity Extend?, 80 Mont. L. Rev. Online 30 (2019).