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BABBITT v. YOUPEE

No. 95-1595.

519 U.S. 234 (1997)

117 S.Ct. 727

136 L.Ed.2d 696

BABBITT, SECRETARY OF THE INTERIOR, et al. v. YOUPEE et al.

Supreme Court of United States.

Decided January 21, 1997.

Attorney(s) appearing for the Case

James A. Feldman argued the cause for petitioners. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Anne S. Almy, Robert L. Klarquist, and Andrew C. Mergen.

Rene A. Martell argued the cause for respondents. With him on the brief were Daniel L. Minnis and D. Michael Eakin.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 246.

Justice Ginsburg, delivered the opinion of the Court.

In this case, we consider for a second time the constitutionality of an escheat-to-tribe provision of the Indian Land Consolidation Act (ILCA). 96 Stat. 2519, as amended, 25 U. S. C. § 2206. Specifically, we address § 207 of the ILCA, as amended in 1984. Congress enacted the original provision in 1983 to ameliorate the extreme fractionation problem attending...

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