Justice Anthony Kennedy issued a concurrence that stated that Congress was very careful to base the changes to the statute on inherent tribal powers but was concerned that the court did not address the question of the Equal Protection Clause.
Justice Anthony Kennedy issued a concurrence that stated that Congress was very careful to base the changes to the statute on inherent tribal powers and not on a delegation of authority. Finally, Kennedy was concerned that the court did not address the question of the Equal Protection Clause.