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Indians — ISDA
By: WISCONSIN LAW JOURNAL STAFF//June 18, 2012//
Listen to this articleU.S. Supreme Court
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Indians — ISDA
Under the Indian Self-Determination and Education Assistance Act, the Secretary of the Interior must pay tribes’ contract support costs in full.
The principles underlying Cherokee Nation and Ferris control here. Once “Congress has appropriated sufficient legally unrestricted funds to pay the contracts at issue, the Government normally cannot back out of a promise on grounds of ‘insufficient appropriations,’ even if the contract uses language such as ‘subject to the availability of appropriations,’ and even if an agency’s total lump-sum appropriation is insufficient to pay all the contracts the agency has made.” Cherokee Nation, 543 U. S., at 637. That condition is satisfied here, because Congress made sufficient funds available to pay any individual contractor in full.
644 F. 3d 1054, affirmed.
11-551 Salazar v. Ramah Navajo Chapter
Sotomayor, J.; Roberts, C.J., dissenting.
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