Summary
The Supreme Court held that the Indian employment preference established by the Indian Reorganization Act of 1934 was not impliedly repealed by the Equal Employment Opportunity Act of 1972. The Court further held that the preference did not violate the Fifth Amendment because it was rationally related to Congress's obligations toward federally recognized Indian tribes and the goal of Indian self-government. The judgment of the District Court for the District of New Mexico was reversed and the cases were remanded.
Holdings
- The 1972 Act did not repeal the Indian employment preference, either expressly or by implication.
- The Indian employment preference does not violate the Fifth Amendment because it is rationally and reasonably designed to further Indian self-government and the federal government's unique obligations to federally recognized tribes.
Questions Presented
- Whether the Equal Employment Opportunity Act of 1972 implicitly repealed the Indian employment preference authorized by the Indian Reorganization Act of 1934.
- Whether the Indian employment preference violates the Due Process Clause of the Fifth Amendment as invidious racial discrimination.
Disposition
reversed_and_remanded
Cases Cited (21)
- Posadas v. National City Bank, 296 U.S. 497, 503 (1936)(followed)
- Wood v. United States, 16 Pet. 342, 343, 363 (1842)(followed)
- Universal Interpretive Shuttle Corp. v. Washington Metropolitan Area Transit Commission, 393 U.S. 186, 193 (1968)(followed)
- Georgia v. Pennsylvania R. Co., 324 U.S. 439, 456-457 (1945)(followed)
- Bulova Watch Co. v. United States, 365 U.S. 753, 758 (1961)(followed)
- Rodgers v. United States, 185 U.S. 83, 87-89 (1902)(followed)
- United States v. Borden Co., 308 U.S. 188, 198 (1939)(followed)
- Bolling v. Sharpe, 347 U.S. 497 (1954)(followed)
- Board of County Commissioners v. Seber, 318 U.S. 705, 715 (1943)(followed)
- United States v. Kagama, 118 U.S. 375, 383-384 (1886)(followed)
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Cited In (0)
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Court Document
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