TRIBE v. MNUCHIN

No. 20-5286.

984 F.3d 94 (2021)

Shawnee TRIBE, Appellant v. Steven T. MNUCHIN, in His Official capacity as Secretary of the United States Department of the Treasury, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 2021.


Attorney(s) appearing for the Case

Pilar M. Thomas , Tucson, argued the cause for appellant. With her on the briefs were Luke Cass , Scott McIntosh , Washington, and Nicole L. Simmons.

Michael G. Rossetti , Washington, was on the brief for amicus curiae Prairie Band Potawatomi Nation in support of appellant.

Daniel G. Jarcho , Washington, was on the brief for amicus curiae the Miccosukee Tribe of Indians of Florida in support of appellant.

Thomas Pulham , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey Bossert Clark , Acting Assistant Attorney General, and Michael S. Raab and Daniel Tenny , Attorneys. Adam C. Jed , Attorney, entered an appearance.

Before: TATEL, GARLAND, and WILKINS, Circuit Judges.


The Shawnee Tribe, located in Oklahoma, challenges the allocation of funds under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which Congress enacted in response to the current public health emergency. The district court, finding that the allocation of funds under the CARES Act was unreviewable, denied...

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