The
U.S. Supreme Court today ordered new proceedings in
Arctic Slope Native Association v. Sebelius, another self-determination case.
In December 2010, the
Federal Circuit Court of Appeals ruled that the
Indian Health Service was not required to pay all of the contract support costs in a self-determination agreement with the Arctic Slope Native Association. The organization manages the
Samuel Simmonds Memorial Hospital in Alaska.
That decision was based on a spending cap in appropriations law. Just last week, however, the Supreme Court ruled that federal agencies must still find a way to fulfill the promises made to tribes and Alaska Natives.
"Consistent with longstanding principles of government contracting law, we hold that the government must pay each tribe’s contract support costs in full," Justice Sonia Sotomayor wrote for the majority in
Salazar v. Ramah Navajo Chapter.
As a result, the Supreme Court vacated the Federal Circuit ruling and ordered new proceedings in the case. The decision was announced in an
order list today.
In the same order list, the Supreme Court declined a petition in
Sebelius v. Southern Ute Tribe, yet another self-determination case. That means a September 2011
10th Circuit Court of Appeals ruling that helps the
Southern Ute Tribe of Colorado will stand.
Supreme Court Decision:
Salazar
v. Ramah Navajo Chapter (June 18, 2012)
Federal Circuit Decision:
Arctic
Slope Native Association (December 15, 2010)
10th Circuit Decision:
Southern Ute Tribe v. Sebelius (September 19, 2011)
Related Stories:
Long battle expected over self-determination
contract support (6/22)
Trial to begin in
dispute over self-determination contract costs (6/20)
Supreme Court backs tribes in self-determination
contract case (6/18)
Lloyd Miller:
Supreme Court to rule in self-determination lawsuit (06/06)
SCOTUSBlog: Recap of argument in self-determination
suit (04/19)
Turtle Talk: Commentary on
self-determination argument (4/19)
Supreme Court transcript from self-determination
case (4/18)
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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