The U.S. Supreme Court has agreed to hear the appeal of Madison County and Oneida County from a decision of the Second Circuit Court of Appeals, which had held that the counties were barred by the principle of tribal sovereign immunity from proceeding with a foreclosure action against the Oneida Indian Nation for unpaid county taxes, even though the taxes were properly assessed. Madison County v. Oneida Indian Nation of New York, Dkt. Nos. 05-6408, 06-5168 & 06-5515 (2d Cir. Apr. 27, 2010, cert. granted, __ U.S. __ (No. 10-72) (Oct. 12, 2010). The counties argued that the Second Circuit decision results in a legal right – to tax the property – without any enforceable remedy.