Legal Opinion
Preston v. Heckler
Court of Appeals for the Ninth Circuit
Decided June 7, 1984No. Nos. 83-3732, 83-3809 and 83-3844PublishedCited by 60 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
The district court held that the Secretary of the Department of Health and Human Services failed to comply with the Indian Preference Act (section 12 of the Indian Reorganization Act, ch. 576, 48 Stat. 986 (1934)). In so holding, the district court concluded that the Act requires the Secretary to adopt standards for evaluating the qualifications of Indians for employment in the Indian Health Service that are separate and independent from the generally applicable civil service criteria. We agree.
Plaintiff Lillian Preston is an Athabascan Indian who has been employed…
2Cases cited47 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Baker v. CarrSupreme Court of the United States · 1962
- Rose v. LundySupreme Court of the United States · 1982
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
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3Cited by60 opinions
- Bullfrog Films, Inc. v. Charles Z. Wick, Director, United States Information AgencyCourt of Appeals for the Ninth Circuit · 1988
- Planned Parenthood of Greater v. UshhsCourt of Appeals for the Ninth Circuit · 2020
- Swan View Coalition, Inc. v. TurnerDistrict Court, D. Montana · 1992
- Brian Mecinas v. Katie HobbsCourt of Appeals for the Ninth Circuit · 2022
- Albuquerque Indian Rights v. Manuel Lujan, Jr., in His Trust Capacity as Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1991
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