 Justice David Souter wrote a dissenting opinion , which was joined by Justice Antonin Scalia . Souter referenced prior cases dealing with sovereignty and jurisdiction , from the decision made in United States v. Kagama , to the opinion made in South Dakota v. Bourland . Souter stated that the decision in this case did not align with precedent established in previous cases . Since Duro held that the tribes had lost their inherent sovereignty , the only way for the tribes to regain jurisdiction over non @-@ member Indians would be by the delegation of that jurisdiction by Congress . Bourland was even more specific as to that point . Souter believed that the only two ways that the tribes could regain their sovereignty would be for Congress to declare that they were independent of the United States , as it did with the Philippines , or for the Court to overturn the concept of a dependent domestic sovereign . 
