The deeply divided court relied on the plain language in the Indian Gaming Regulatory Act in ruling for the tribe. The law does not waive immunity for activities that do not occur "on Indian lands" -- the off-reservation site at issue is located on fee land. "We hold that immunity protects Bay Mills from this legal action," Justice Elena Kagan wrote for the majority. "Congress has not abrogated tribal sovereign immunity from a state’s suit to enjoin gaming off a reservation or other Indian lands."