"A few quick comments about today’s argument. Know that I’m reading a cold transcript. All the “laughter” indicators suggest today’s argument was a jolly one.
Justices Sotomayor, Ginsburg, and Kagan asked the majority of questions, and their questions suggested some sympathy with the tribal position. Chief Justice Roberts, and Justices Kennedy, Scalia, and Breyer participated as well. Justices Alito and, as is his custom, Thomas asked no questions. If the questions were any indicator, I’d say there may be no more than three votes for the tribal position.
This is a complex, technical question that I find difficult to sort out. On one hand, the tribal interests wish to access Congress’s judgment fund in cases where a self-determination act contract is breached in that Congress has not appropriated enough funds to cover the costs of the contract. If there were a trial, tribal interests hope to prove that the Department of Interior’s practice of allocating these costs to individual tribes is arbitrary and capricious, but they cannot do that since this case comes to the Court on summary judgment. "
Get the Story:
Initial Commentary on Ramah Oral Argument
(Turtle Talk 4/18)
Oral Argument Transcript:
>Ramah
Navajo Chapter v. Salazar (April 28, 2012)
10th Circuit Decision:
Ramah
Navajo Chapter v. Salazar (May 9, 2011)
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Supreme Court agrees to take up self-determination
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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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