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NAVAJO NATION v. STATE OF N.M.

No. 91-2187.

975 F.2d 741 (1992)

NAVAJO NATION, Plaintiff-Appellee, and Wallace Watchman, Mary Ann Watchman; Linda Frank; Irene Benally; Pauline Pinto Begay; Mary Laphie; Esther Lee; Elizabeth Roy; Irene Dick; Lucille Benally; Esther B. Joe, Plaintiffs-Intervenors v. STATE OF NEW MEXICO; Juan R. Vigil, in his official capacity as Secretary of the New Mexico Human Services Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 22, 1992.

Attorney(s) appearing for the Case

Susan K. Rehr, Asst. Gen. Counsel, New Mexico Human Services Dept., Santa Fe, N.M., for defendants-appellants.

Henry S. Howe, Navajo Nation Dept. of Justice, Window Rock, Ariz., for plaintiff-appellee.

Before HOLLOWAY and SEYMOUR, Circuit Judges, and ROGERS, District Judge.

SEYMOUR, Circuit Judge.

Each year the federal government provides a sum of money for human services to each state under Title XX of the Social Security Act, 42 U.S.C. § 1397 (1981). This appeal arises out of New Mexico's decision in 1985 to cut by more than forty percent the portion of these funds it had previously allocated to the Navajo Nation for home care, from $466,277 to $278,000, in order to fund foster care citizen review boards. The record amply supports...

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