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On April 18, 2012, the Supreme Court heard oral argument in Salazar v. Ramah Navajo Chapter.  This case involves the federal Indian Self-Determination and Education Assistance Act, which allows Native American tribes to take over the administration of various federally funded educational and social service programs, and to receive full coverage for the cost of doing so.  The question in this case is whether, given that Congress has capped the total amount that may be expended to cover such costs--and that the amount is inadequate to cover all tribes’ costs in full--the government may simply divide the available support funds among the tribes, or must pay the support costs of each tribe in full notwithstanding the statutory cap.

To discuss the case, we have Jonathan Cohn, who is a Partner in the Washington D.C. office of Sidley Austin LLP.

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