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September 8, 2021

Healthcare Affirmed as a Treaty Right by Eighth Circuit Court of Appeals

On August 25th, the Eight Circuit Court of Appeals ruled 2-1 that access to health care was a treaty right that had been conferred to the Rosebud Sioux Tribe through the 1868 Treaty of Fort Laramie. In making their decision, the Court pointed to the plain language of the treaty and the past actions taken by the federal government to carry it out, including statutes such as the Snyder Act and Indian Health Care Improvement Act (IHCIA). They found that, when combined, these actions had created an expectation that these services would be provided. Read the opinion here.