Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Cherokee Nation of Oklahoma & Shoshone-Paiute Tribes of the Duck Valley Reservation v. Leavitt

Docket No.: 02-1472
Certiorari Granted: 3/22/2004
Argued: November 9, 2004
Decided: March 1, 2005
Consolidated with: 03-853

Topics:

25 U.S.C. 450, Civil Rights, Indians, State Jurisdiction Over, Fourteenth Amendment, Indian Self-Determination and Education Assistance Act, Indians, RICO, judicial review

PartyNames: Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation v. Michael O. Leavitt, Secretary of Health and Human Services, et al.
Petitioner: Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation
Respondent: Michael O. Leavitt, Secretary of Health and Human Services, et al.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 311 F3d 1054
Supreme Court Docket

Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation
v.
Michael O. Leavitt, Secretary of Health and Human Services, et al.
543 U.S. 631 (2005)
Question Presented:

1. Whether the federal government can repudiate, without liability, express contractual commitments for which it has received valuable consideration, either by spending down discretionary agency appropriations otherwise available to pay its contracts, or simply by changing the law and the contracts retroactively. 2. Whether government contract payment rights that are contingent on "the availability of appropriations" vest when an agency receives a lump-sum appropriation that is legally available to pay the contracts--as is the law of the Federal Circuit under Blackhawk Heating and Plumbing Co. v. U.S., 622 F.2d 539 (Ct.Cl. 1980)]--or is the government's liability calculated only at the end of the year after the agency has spent its appropriations on other activities, as the Tenth Circuit ruled below.

Question:

Did the Indian Self-Determination and Education Assistance Act (ISDA) require the Secretary of Health and Human Services to pay "contract support costs," even if the government contends funds were not available?

Cherokee Nation of Oklahoma & Shoshone-Paiute Tribes of the Duck Valley Reservation v. Leavitt
ORAL ARGUMENT

November 9, 2004

Holding: reversed and remanded
Decision: Decision: 8 votes for Cherokee Nation of Oklahoma & Shoshone-Paiute Tribes of the Duck Valley Reservation, 0 vote(s) against
Vote: 8-0
Recused: Chief Justice Robert
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)