Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Matthew L.M. Fletcher

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

81-ihs-motion-for-summary-jDownload
89-rosebud-motion-for-summary-jDownload
93-ihs-replyDownload
96-rosebud-replyDownload
101-dct-orderDownload

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.