Cherokee Nation of Okla. v. Leavitt
Encyclopedia
Cherokee Nation of Okla. v. Leavitt, 543 U.S. 631
(2005), was a case in which the Supreme Court of the United States
held that a contract with the Federal Government to reimburse the tribe for health care costs was binding, despite the failure of Congress
to appropriate funds for those costs.
enacted the Indian Self-Determination and Education Assistance Act
(ISDEAA) which authorized several Federal agencies to enter into contracts with federally recognized Indian tribes. Pursuant to the ISDEAA, both the Cherokee Nation
of Oklahoma
and the Shoshone
and Paiute
tribes of the Duck Valley Indian Reservation
(in Idaho
and Nevada
) entered into contracts with the U.S. Department of Health and Human Services (HHS) to provide health care for tribal members. Under the ISDEAA and the contracts, HHS was to pay the tribes' costs for providing that care. In contracts for fiscal years 1994 through 1997, HHS agreed to pay contract support costs to the tribes, but later refused to do so on the grounds that Congress had not appropriated sufficient funds.
In the second case, the tribes then brought suit in the Federal District Court for the Eastern District of Oklahoma
, seeking approximately $6.9 million for breach of contract. The District Court found against the tribe, stating that HHS could not pay (through the Department of the Interior, which managed the funds) if Congress had not appropriated enough money.
and the second by the tribes to Tenth Circuit Court of Appeals
. Both appellate courts affirmed the decision of the lower courts, which had the result of opposite rulings on almost identical facts. The Supreme Court
granted certiorari
to resolve the conflict.
delivered the opinion of the court, in which six of the other justices joined. Breyer affirmed the Federal Circuit's decision in favor of the Cherokee tribe and reversed the Tenth Circuit decision that was in favor of the government. The government argued that if these were "ordinary procurement contracts, its promises to pay would be legally binding" but that these were "unique, government-to-government" contracts. The government felt that the tribes should only get the pro-ratia portion of the funds that had been appropriated.
Breyer noted that Congress was concerned "with[the] Government's past failure adequately to reimburse tribes' indirect administrative costs and a congressional decision to require payment of those costs in the future." Breyer was unpersuaded by the arguments of the government and found in favor of the tribes.
concurred in the opinion with the exception of the majority's reliance on a Senate
committee report to determine the intent of Congress.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a contract with the Federal Government to reimburse the tribe for health care costs was binding, despite the failure of Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to appropriate funds for those costs.
Background
In 1975, CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enacted the Indian Self-Determination and Education Assistance Act
Indian Self-Determination and Education Assistance Act of 1975
The Indian Self-Determination and Education Assistance Act of 1975 authorized the Secretaries of the Department of Interior, Health, Education and Welfare and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes...
(ISDEAA) which authorized several Federal agencies to enter into contracts with federally recognized Indian tribes. Pursuant to the ISDEAA, both the Cherokee Nation
Cherokee Nation of Oklahoma
The Cherokee Nation is the largest of three Cherokee federally recognized tribes in the United States. It was established in the 20th century, and includes people descended from members of the old Cherokee Nation who relocated voluntarily from the Southeast to Indian Territory and Cherokees who...
of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and the Shoshone
Shoshone
The Shoshone or Shoshoni are a Native American tribe in the United States with three large divisions: the Northern, the Western and the Eastern....
and Paiute
Paiute
Paiute refers to three closely related groups of Native Americans — the Northern Paiute of California, Idaho, Nevada and Oregon; the Owens Valley Paiute of California and Nevada; and the Southern Paiute of Arizona, southeastern California and Nevada, and Utah.-Origin of name:The origin of...
tribes of the Duck Valley Indian Reservation
Duck Valley Indian Reservation
The Duck Valley Indian Reservation was established as a homeland for members of both the Shoshone and Paiute tribes of Native Americans. It lies directly on the state line between Idaho and Nevada in the western United States...
(in Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
and Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
) entered into contracts with the U.S. Department of Health and Human Services (HHS) to provide health care for tribal members. Under the ISDEAA and the contracts, HHS was to pay the tribes' costs for providing that care. In contracts for fiscal years 1994 through 1997, HHS agreed to pay contract support costs to the tribes, but later refused to do so on the grounds that Congress had not appropriated sufficient funds.
Original Proceedings
In one of the cases, the Cherokee tribe first sought relief in administrative proceedings before the Interior Board of Contract Appeals (Board). The Board found for the tribe, ordering the government to pay the Cherokees $8.5 million in damages.In the second case, the tribes then brought suit in the Federal District Court for the Eastern District of Oklahoma
United States District Court for the Eastern District of Oklahoma
The United States District Court for the Eastern District of Oklahoma is the Federal district court whose jurisdiction comprises the following counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, Marshall, McCurtain, McIntosh, Murray,...
, seeking approximately $6.9 million for breach of contract. The District Court found against the tribe, stating that HHS could not pay (through the Department of the Interior, which managed the funds) if Congress had not appropriated enough money.
Appellate Proceedings
Both cases were appealed – the first by the government to the Federal Circuit Court of AppealsUnited States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
and the second by the tribes to Tenth Circuit Court of Appeals
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
. Both appellate courts affirmed the decision of the lower courts, which had the result of opposite rulings on almost identical facts. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to resolve the conflict.
Opinion of the Court
Justice Stephen BreyerStephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
delivered the opinion of the court, in which six of the other justices joined. Breyer affirmed the Federal Circuit's decision in favor of the Cherokee tribe and reversed the Tenth Circuit decision that was in favor of the government. The government argued that if these were "ordinary procurement contracts, its promises to pay would be legally binding" but that these were "unique, government-to-government" contracts. The government felt that the tribes should only get the pro-ratia portion of the funds that had been appropriated.
Breyer noted that Congress was concerned "with
Concurring Opinion
Justice Antonin ScaliaAntonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
concurred in the opinion with the exception of the majority's reliance on a Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
committee report to determine the intent of Congress.