Cherokee Nation of Oklahoma v. Norton

BALDOCK, Circuit Judge.

The Cherokee Nation of Oklahoma (“Cherokee Nation”) and Delaware Tribe of Indians (“Delawares”) entered into a contract pursuant to a treaty negotiated between the Cherokee Nation and the United States Government. The Supreme Court has twice interpreted that contract. We must decide in this case whether the Department of Interior’s (“DOI”) interpretation of that contract and concomitant decision to extend Federal recognition to the Delawares is contrary to the Supreme Court’s reading of the same document.

I

The law governing Federal recognition of an Indian tribe is,…