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CHEROKEE NATION OF OKLA. v. LEAVITT

No. 02-1472.

543 U.S. 631 (2005)

CHEROKEE NATION OF OKLAHOMA ET AL. v. LEAVITT, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL.

Supreme Court of United States.

Decided March 1, 2005

Attorney(s) appearing for the Case

Lloyd B. Miller argued the cause for petitioners in No. 02-1472 and respondent in No. 03-853. With him on the briefs were Arthur Lazarus, Jr., Harry R. Sachse, William R. Perry, Carter G. Phillips, and Stephen B. Kinnaird.

Sri Srinivasan argued the cause for the federal parties in both cases. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Barbara C. Biddle, Jeffrica Jenkins Lee, and Alex M. Azar II.†

BREYER, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined. SCALIA, J., filed an opinion concurring in part, p. 647. REHNQUIST, C. J., took no part in the decision of the cases.

JUSTICE BREYER delivered the opinion of the Court.

The United States and two Indian Tribes have entered into agreements in which the Government promises to pay certain "contract support costs" that the Tribes incurred during fiscal years (FYs) 1994 through 1997. The question before us is whether the Government's promises are legally binding. We conclude that they are.

I

The Indian Self-Determination and Education Assistance Act (Act), 88 Stat. 2203...

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