United States V. Sioux Nation of Indians - Supreme Court Decision

Supreme Court Decision

Justice Blackmun delivered the Court's opinion in which six other justices joined. Justice White concurred in part, and Justice Rehnquist dissented.

The first and the main issue in the case, was whether Congress transgressed against the separation of powers by directing the Claims Court to reconsider the Sioux claim, this time without regard to res judicata. The Supreme Court concluded Congress could indeed waive res judicata and resurrect an adjudicated claim against the government, under its constitutionally conferred power to "pay the nation's debts," including "moral debts."

The second issue was whether the Sioux had already received just compensation for their land, and the Court affirmed the Claims Court's decision that they never had. The Court recognized a tension between Congress's duty to serve as a benevolent trustee for Indians, and the power to take their land. "Congress can own two hats, but it cannot wear them both at the same time," said the opinion. While reaffirming earlier decisions that Congress has "paramount authority over the property of the Indians," the Court concluded that Congress acts properly only if it "makes a good faith effort to give the Indians the full value of the land," which here it had failed to do. In conclusion the Supreme Court ordered "just compensation to the Sioux Nation, and that obligation, including an award of interest, must now, at last, be paid."