Vernon Solomon v. Interior Regional Housing Authority

The majority holds that there is no implied private right of action for a Native American to enforce a violation of the Indian employment preference requirement contained in 25 U.S.C. § 450(e)(b). Because the majority’s position is contrary to settled precedent and effectively eviscerates a statutory preference duly enacted by Congress, I dissent.

I

The majority’s analysis gives lip service to, but fundamentally misapplies, the four-factor test set forth in Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975). Beginning with the first prong, there can be little question that § 450e was…