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MORTON v. MANCARI

No. 73-362.

417 U.S. 535 (1974)

94 S.Ct. 2474

41 L.Ed.2d 290

MORTON, SECRETARY OF THE INTERIOR, ET AL. v. MANCARI ET AL.

Supreme Court of United States.

Decided June 17, 1974.

Attorney(s) appearing for the Case

Harry R. Sachse argued the cause for appellants in No. 73-362. With him on the brief were Solicitor General Bork, Assistant Attorney General Pottinger, Carlton R. Stoiber, and M. Patricia Schaffer. Harris D. Sherman argued the cause for appellant in No. 73-364. With him on the briefs was Stuart J. Land.

Gene E. Franchini argued the cause and filed a brief for appellees in both cases.†

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

The Indian Reorganization Act of 1934, also known as the Wheeler-Howard Act, 48 Stat. 984, 25 U. S. C. § 461 et seq., accords an employment preference for qualified Indians in the Bureau of Indian Affairs (BIA or Bureau). Appellees, non-Indian BIA employees, challenged this preference as contrary to the anti-discrimination provisions of the Equal Employment Opportunity Act of 1972, 86 Stat. 103,...

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