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Keywords

statutediscriminationdue process

Related Cases

Morton v. Mancari

Facts

The federal employees claimed that the statute establishing the preference was impliedly repealed by the subsequent enactment of federal legislation forbidding racial discrimination in employment. They also claimed that, if not repealed, the statute was unconstitutional because it violated the Due Process Clause. The Court held that the statute had not been impliedly repealed and that it did not violate due process.

The federal employees claimed that the statute establishing the preference was impliedly repealed by the subsequent enactment of federal legislation forbidding racial discrimination in employment.

Issue

Whether the Indian preference was repealed by the Equal Employment Opportunity Act of 1972 and whether the preference constitutes invidious racial discrimination in violation of the Due Process Clause of the Fifth Amendment.

Rule

Repeals by implication are not favored, and there must be a clear congressional intent to repeal a statute. The federal government has a legitimate interest in its special relationship with Indian tribes, and preferences for Indians in employment do not constitute racial discrimination.

Repeals by implication are not favored, and there must be a clear congressional intent to repeal a statute.

Analysis

The Court found that the District Court erred in ruling that the Indian preference was repealed by the 1972 Act. It noted that the legislative history did not indicate any intent to repeal the preference and that the preference served a legitimate governmental interest in promoting self-government among Indian tribes. The Court also emphasized that the preference did not constitute invidious discrimination as it was aimed at addressing the unique legal status of Indian tribes.

The Court found that the District Court erred in ruling that the Indian preference was repealed by the 1972 Act.

Conclusion

The Supreme Court reversed the lower court's ruling that the statute had been impliedly repealed and remanded the case for further proceedings.

Who won?

The prevailing party was the Secretary of the Interior, as the Supreme Court ruled in favor of maintaining the Indian preference in employment.

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