"The federal government has a long history of cheating American Indians, and not all of this dirty dealing is in the distant past. On Monday, the Supreme Court hears arguments in a suit by the Navajo, who lost millions of dollars’ worth of coal royalties because the government helped a coal company underpay for their coal. A lower court ruled for the Navajo Nation. The Supreme Court should affirm that well-reasoned decision.

The appeals court also made clear that the government did not live up to this duty. The ruling found that the Interior Department met “secretly with parties having interests adverse to” the Navajo, adopted those parties’ “desired course of action in lieu of action favorable to” the Navajo, and misled the Navajo about its actions.

The government’s behavior was “indefensible,” according to four former interior secretaries, who submitted a friend-of-the-court brief to the Supreme Court. The Obama administration, which has inherited the Bush administration’s position in the case, should not continue to stand up for these misdeeds."

Get the Story:
Editorial: Justice for American Indians (The New York Times 2/23)

Briefs:
Supreme Court Documents:
Docket Sheet: No. 07-1410 | Brief: Former Interior Secretaries | Brief: New Mexico, Arizona and Utah | Brief: Law Professors | More: NCAI-NARF Tribal Supreme Court Project

Federal Circuit Decision:
Navajo Nation v. US (September 13, 2007)

March 2003 Supreme Court Decision in US v. Navajo Nation:
Syllabus | Opinion [Ginsburg] | Dissent [Souter]

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