Eskra v. Morton

STEVENS, Circuit Judge.

The question presented by this case is whether the federal government may discriminate aganst an illegitimate Indian child when it is distributing intestate property left by a collateral heir of the plaintiff’s deceased mother. More narrowly, does the holding in Labine v. Vincent, 401 U.S. 532, 91 S.Ct. 1017, 28 L.Ed.2d 288, that the State of Louisiana may discriminate against an illegitimate when distributing her deceased father’s property compel a like result when the distributor is the United States and the distributee claims through her mother? We hold that it does…