Law

Supreme Court transcript from self-determination case





The U.S. Supreme Court heard arguments in Salazar v. Ramah Navajo Chapter, a self-determination case, this morning

The Indian Self-Determination and Education Assistance Act authorizes tribes and Alaska Native entities to enter into contacts to manage federal programs. The law requires the government to pay for the cost of the program, along with "contract support costs."

Congress, however, has failed to provide enough appropriations to cover the contract support costs. As a result, agencies like the Indian Health Service and the Bureau of Indian Affairs have refused to fully fund all of the contracts.

The case today involves a class action filed by tribes against the BIA. The 10th Circuit Court of Appeals ruled that the agency must fund the contract support costs.

"[Congress was] trying to tell the tribes, we are honoring our obligation by paying you the costs, but we are really not going to do it because we are going to let the government give you less?" observed Justice Sonia Sotomayor, according to the transcript of the hearing.

A decision is expected this summer.

10th Circuit Decision:
Ramah Navajo Chapter v. Salazar (May 9, 2011)

Related Stories:
Supreme Court set for hearing in self-determination case (4/16)
Supreme Court agrees to take up self-determination dispute (01/09)
Supreme Court puts off action on self-determination litigation (11/28)
10th Circuit sides with tribes on self-determination contracts (5/9)

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