Page:United States Reports 502 OCT. TERM 1991.pdf/433

 502us2$21K 08-19-96 17:39:52 PAGES OPINPGT

Cite as: 502 U. S. 251 (1992)

275

Opinion of Blackmun, J.

“ ‘stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress’ ”) (quoting Hines v. Davidowitz, 312 U. S. 52, 67 (1941)) (emphasis added)). Thus, in the Indian context, “ ‘[s]tate jurisdiction is pre-empted. . . if it interferes or is incompatible with federal and tribal interests reflected in federal law, unless the state interests at stake are sufficient to justify the assertion of state authority.’ ” California v. Cabazon Band of Mission Indians, 480 U. S., at 216 (quoting New Mexico v. Mescalero Apache Tribe, 462 U. S. 324, 334 (1983)).4 See also White Mountain Apache Tribe v. Bracker, 448 U. S. 136, 143–145 (1980) (recognizing “firm federal policy” of promoting tribal self-sufficiency and economic development and noting that the pre-emption inquiry “call[s] for a particularized inquiry into the nature of the state, federal, and tribal interests at stake”) (emphasis added). Accordingly, this Court has made clear that “[t]he inquiry is to proceed in light of traditional notions of Indian sovereignty and the congressional goal of Indian self-government, including its ‘overriding goal’ of encouraging tribal selfsufficiency and economic development.” Cabazon, 480 U. S., at 216. In Cabazon, for example, the Court gave weight to recent policy statements by Congress and the President in support of Indian autonomy and self-determination, deeming them to be “particularly significant in this case.” Id., at 216, n. 19; see also id., at 217–218, and nn. 20–21.5 4 In Cabazon, the Court reiterated that “the federal tradition of Indian immunity from state taxation is very strong and that the state interest in taxation is correspondingly weak.” 480 U. S., at 215, n. 17. 5 I have previously observed: “Surely, in considering whether Congress intended tribes to enjoy civil jurisdiction,. . . this Court should direct its attention not to the intent of the Congress that passed the Dawes Act, but rather to the intent of the Congress that repudiated the Dawes Act, and established the Indian policies to which we are heir.” Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U. S. 408, 464 (1989) (opinion concurring in judgment in part and dissenting in part).