View source for Yellen v. Confederated Tribes of the Chehalis Reservation

{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
|Litigants=Yellen v. Confederated Tribes of the Chehalis Reservation
|Litigants2=Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation
|ArgueDate=April 19
|ArgueYear=2021
|DecideDate=June 25
|DecideYear=2021
|FullName=Janet 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.
|USVol=594
|USPage=___
|ParallelCitations=
|Docket=20-543
|Docket2=20-544
|Prior=
|Subsequent=
|Holding=Alaska Native corporations are "Indian tribe[s]" under ISDA and thus eligible for funding under Title V of the CARES Act.
|Majority=Sotomayor
|JoinMajority=Roberts, Breyer, Kavanaugh, Barrett; Alito (Parts I, II–C, II–D, III, and IV)
|Dissent=Gorsuch
|JoinDissent=Thomas, Kagan
|LawsApplied=[[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 corporation]]s (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 corporation]]s (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 [[Petroleum industry|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 reservation]]s within federal law.<ref name="ap decision">{{cite web | url = https://www.seattletimes.com/business/high-court-sides-with-alaska-natives-in-coronavirus-aid-case/ | title = High court sides with Alaska Natives in coronavirus aid case | first=  Jessica | last= Gresko | date = June 25, 2021 | accessdate= June 25, 2021 | publisher = [[Associated Press]] | via = [[The Seattle Times]] }}</ref> 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.<ref name="reuters oral"/>
With the impact of the [[COVID-19 pandemic]], the U.S. government passed the [[CARES Act|Coronavirus Aid, Relief, and Economic Security, or CARES Act]] in March 2020. The bill provided {{USD|2.2 trillion|long=no}} in relief funding to businesses, of which {{USD|8 billion|long=no}} was earmarked for "tribal governments". The [[United States Department of the Treasury|Treasury Department]], in interpreting the law, opted to set aside about {{USD|500 million|long=no}} of the {{USD|8 billion|long=no}} earmarked for ANCs.<ref name="ap decision"/>
The Treasury's decision was challenged separately by three Native tribes: the [[Navajo Nation]], the [[Confederated Tribes of the Chehalis Reservation]] and 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.<ref name="reuters oral">{{cite web | url = https://www.reuters.com/world/us/us-supreme-court-sympathetic-native-alaskans-covid-19-aid-dispute-2021-04-19/ | title = U.S. Supreme Court sympathetic to Native Alaskans in COVID-19 aid dispute | first = Lawrence | last= Hurley | date = June 25, 2021 | accessdate = June 25, 2021 | publisher = [[Reuters]] }}</ref> 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.<ref name="reuters oral"/>
==Supreme Court==
The Treasury Department under Treasury Secretary [[Janet Yellen]], with the backing of the [[First presidency of Donald Trump|Trump administration]], petitioned to the Supreme Court, as the D.C. District Court had created a [[circuit split]] with a prior case, ''Cook Inlet Native Assn. v. Bowen'' (1987) from the [[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.<ref name="ap decision"/>
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.<ref name="reuters oral"/> 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.<ref name="reuters oral"/>
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.<ref name="ap decision"/> 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."<ref name="ap decision"/>
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."<ref name="nytimes decision">{{cite web | url = https://www.nytimes.com/2021/06/25/us/politics/supreme-court-alaska-tribes-virus.html | title = Supreme Court sides with Alaskan Natives in dispute over coronavirus aid | first=  Adam | last = Liptak | date = June 25, 2021 | accessdate = June 25, 2021 | work = [[The New York Times]] }}</ref>
==References==
{{reflist}}
== External links ==
* {{caselaw source
| case = ''Yellen v. Confederated Tribes of the Chehalis Reservation'', {{ussc|594|___|2021|el=no}}
| justia = https://supreme.justia.com/cases/federal/us/594/20-543/
| oyez = https://www.oyez.org/cases/2020/20-543
| other_source1 = Supreme Court (slip opinion)
| other_url1 = https://www.supremecourt.gov/opinions/20pdf/20-543_3e04.pdf
}}
[[Category:2021 in United States case law]]
[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases of the Roberts Court]]
[[Category:United States Native American case law]]