556 U. S. ____ (2009)

UNITED STATES, PETITIONER v. NAVAJO NATION

on writ of certiorari to the united states court ofappeals for the federal circuit

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Justice Souter, with whom Justice Stevens joins, concurring.

I am not through regretting that my position in United States v. Navajo Nation, 537 U. S. 488, 514–521 (2003) (dissenting opinion), did not carry the day. But it did not, and I agree that the precedent of that case calls for the result reached here.