July Law for Lunch - Rosebud Sioux Tribe v. United States: Litigating the Fort Laramie Treaty of 1851

Description

After federal regulators shut down portions of the IHS hospital at Rosebud due to poor quality of care, the Rosebud Sioux Tribe sued the United States, alleging that the Fort Laramie Treaty of 1851 obligated the United States to provide healthcare to the Tribe. The District Court ruled in favor of the Tribe, determining that the Treaty required the United States to provide competent, physician-led healthcare to the Tribe. On appeal, the Eighth Circuit affirmed. This presentation will cover the history of the Treaty, summarize the shortcomings in care at issue in the lawsuit, discuss the procedural and practical challenges of the litigation, and analyze the district court and Eighth Circuit decisions and their impact moving forward.