 Lara appealed the denial of his motion to dismiss to the Eighth Circuit Court of Appeals , arguing that the Tribal Court obtained its authority from the ICRA , an act of Congress , and that both the Tribal Court and the Federal Court derived their power from the same sovereign . A three @-@ judge panel of the Circuit Court affirmed the decision of the District Court , holding that the tribe derived its power from its own retained sovereignty that was separate from the sovereignty of the United States . The Eighth Circuit 's panel noted that in the Duro decision , the Supreme Court had observed that Congress could address the jurisdictional system , which Congress did . When Congress amended the ICRA , they were addressing a federal common law issue , not a constitutional issue , and were within their authority to recognize the sovereignty of the tribes . The panel then affirmed the trial court on the Petite claim . Judge Hansen dissented , believing that the tribe drew its authority to try Lara from the federal government . 
