Yellen v. Confederated Tribes of the Chehalis Reservation

Add links
Source: Wikipedia, the free encyclopedia.

Yellen v. Confederated Tribes of the Chehalis Reservation
Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation
Supreme Court of the United States
Argued April 19, 2021
Decided June 25, 2021
Full case nameJanet L. Yellen, Secretary of the Treasury v. Confederated Tribes of the Chehalis Reservation et al.; Alaska Native Village Corp. Association et al. v. Confederated Tribes of the Chehalis Reservation et al.
Docket nos.20-543
20-544
Citations594 U.S. ___ (more)
Holding
Alaska Native corporations are "Indian tribe[s]" under ISDA and thus eligible for funding under Title V of the CARES Act.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajoritySotomayor, joined by Roberts, Breyer, Kavanaugh, Barrett; Alito (Parts I, II–C, II–D, III, and IV)
DissentGorsuch, joined by Thomas, Kagan
Laws applied
Indian Self-Determination and Education Assistance Act of 1975 (ISDA); CARES Act

Yellen v. Confederated Tribes of the Chehalis Reservation, 594 U.S. ___ (2021), was a

United States Supreme Court case dealing with the classification of Alaska Native corporations (ANCs) for purposes of receiving funds set-aside for tribal governments under the CARES Act
. In a 6–3 decision issued in June 2021, the Court ruled that ANCs were considered to be "Indian tribes" and were eligible to receive the set-aside funds.

Background

Twelve Alaska Native corporations (ANCs) were established in the 1971 Alaska Native Claims Settlement Act as for-profit corporations to operate businesses and services, often in the areas of oil and gas industry, to generate revenue that provides benefits to the Alaska Natives in the territories that they serve. This arrangement is unique to Alaska compared to native American tribes in the lower 48 states, where they operate their own tribal governments in recognized Indian reservations within federal law.[1] Later, the Indian Self-Determination and Education Assistance Act of 1975 (ISDA) assured that both native American tribal governments and ANCs were given the self-autonomy to operate as governments for their respective peoples.[2]

With the impact of the COVID-19 pandemic, the U.S. government passed the Coronavirus Aid, Relief, and Economic Security, or CARES Act in March 2020. The bill provided $2.2 trillion in relief funding to businesses, of which $8 billion was earmarked for "tribal governments". The Treasury Department, in interpreting the law, opted to set aside about $500 million of the $8 billion earmarked for ANCs.[1]

The Treasury's decision was challenged separately by three Native tribes: the

Cheyenne River Sioux Tribe. They asserted that the ANCs were not officially recognized as tribal governments under the language of ISDA, and thus were ineligible to receive any of the CARES funds. The Native tribes expressed concern that the amount of funds available to them would be diluted if the ANC set-aside were allowed to stand.[2] The three suits were consolidated at the United States District Court for the District of Columbia. The district court ruled in favor of the Treasury Department, in that the ANCs could be considered tribal governments and eligible to receive CARES Act funds. The tribes appealed to the United States Court of Appeals for the District of Columbia Circuit, which reversed the District Court's ruling. The Circuit Court ruled that as no ANC is federally recognized, compared to the tribal governments, they fail to qualify for the CARES Act funding.[2]

Supreme Court

The Treasury Department under Treasury Secretary

Ninth Circuit on the classification of ANCs. Several of the ANCs also filed a similar petition. The Supreme Court granted certiorari to both petitions in January 2021, consolidating both under Yellen. The new administration under Joe Biden continued to back the position that ANCs were recognized tribal governments prior to the oral hearings.[1]

Oral hearings were held on April 19, 2021. Observers states that the Justices sided with the position of the government, that ANCs were recognized tribal governments and thus eligible for funding. Justice Brett Kavanaugh said during the debate that "tens of thousands of Native Alaskans would be left out completely" if they ruled differently.[2] There was agreement that the language of ISDA was not clear how ANCs were to be classified, and would become a matter of statutory interpretation of the ISDA.[2]

The Court issued its opinion on June 25, 2021. The 6–3 decision reversed the D.C. Circuit and remanded the case for review, ruling that ANCs, under the ISDA, do qualify as federally-recognized tribal governments, and thus are eligible to receive CARES funds.[1] Justice Sonia Sotomayor wrote the majority opinion which was joined by Chief Justice John Roberts and Justices Samuel Alito (in parts), Stephen Breyer, Kavanaugh, and Amy Coney Barrett. Sotomayor wrote "The Court today affirms what the Federal Government has maintained for almost half a century: ANCs are Indian tribes."[1]

Justice Neil Gorsuch wrote a dissent, which was joined by Justices Clarence Thomas and Elena Kagan. Gorsuch wrote that by a statutory interpretation of ISDA, ANCs "are not 'recognized' as tribes eligible for the special programs and services provided by the United States to Indians because of their status as Indians."[3]

References

  1. ^ a b c d e Gresko, Jessica (June 25, 2021). "High court sides with Alaska Natives in coronavirus aid case". Associated Press. Retrieved June 25, 2021 – via The Seattle Times.
  2. ^ a b c d e Hurley, Lawrence (June 25, 2021). "U.S. Supreme Court sympathetic to Native Alaskans in COVID-19 aid dispute". Reuters. Retrieved June 25, 2021.
  3. ^ Liptak, Adam (June 25, 2021). "Supreme Court sides with Alaskan Natives in dispute over coronavirus aid". The New York Times. Retrieved June 25, 2021.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Yellen_v._Confederated_Tribes_of_the_Chehalis_Reservation&oldid=1219298227"