United States v. Navajo Nation — Souter, J., dissenting

Summary

Justice Souter, with Justice Stevens and Justice O’Connor, dissents. He argues the Indian Mineral Leasing Act (IMLA) and its regulations create a specific fiduciary duty for the Secretary of the Interior to review and approve mineral leases with care for the Tribe’s interest. He concludes the Tribe has pleaded and shown enough to survive the Government’s motion for summary judgment on claims of breach of trust. He would affirm the judgment of the Federal Circuit.