Order denying Writ of Certiorari and Justice Clarence Thomas Dissenting Opinion Scroll to pages 13 -16 and read Justice Thomas Dissenting Opinion   “Under our precedents, Congress has thus obtained the power to take any state land and strip the State of almost all sovereign power over it “for the purpose of providing land for Indians.”  This means Congress could reduce a State to near non-existence by taking all land within its borders and declaring it sovereign Indian territory.