The Supreme Court ruled 5–4 on June 6 that the federal government will have to cover Indian tribes’ costs incurred in operating tribal health care programs.
The majority opinion in Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe was written by Chief Justice John Roberts, joined by all three liberal justices and one conservative.
U.S. Health and Human Services (HHS) Secretary Xavier Becerra was the petitioner in both cases. He appealed unfavorable rulings by lower courts.
The respondent, the San Carlos Apache Indian Tribe, is based in Arizona. The other respondent, the Northern Arapaho Tribe, is based in Wyoming.
The ruling means the U.S. government will have to pay for overhead costs related to health care that the tribes provide under a federal law intended to give Native Americans greater control.
“Aside from being inconsistent with the statute’s text, [the government’s] failure to cover contract support costs for healthcare funded by program income inflicts a penalty on tribes for opting in favor of greater self-determination,” the majority opinion states.
Hellbound and Down 