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Trust Betrayed: The Reluctance To Recognize Judicially Enforceable Trust Obligations Under The Indian Health Care Improvement Act (Ihcia), Lauren E. Schneider

Loyola University Chicago Law Journal

The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to fulfill the promises inherent in these treaties, including the provision of such services as health care to Indian tribes. The trust doctrine embodies these obligations. When Congress legislates with respect to American Indians and Indian tribes for the provision of services, such as the Indian Health Care Improvement Act of 1976 (IHCIA), …