236
Opinion of the Court
restrict devise "even in circumstances when the governmental purpose sought to be advanced, consolidation of ownership of Indian lands, does not conflict with the further descent of the property." 481 U. S., at 718. As the United States acknowledges, giving effect to Youpee's directive bequeathing each fractional interest to one heir would not further fractionate Indian land holdings. The United States' arguments that amended § 207 satisfies the Constitution's demand because it does not diminish the owner's right to use or enjoy property during his lifetime and does not affect the right to transfer property at death through non-probate means are no more persuasive today than they were in Irving. See id., at 716-718. The third alteration made in amended § 207 also fails to bring the provision outside the reach of this Court's holding in Irving: Tribal codes governing disposition of escheatable interests have apparently not been developed. Pp. 243-245. 67 F. 3d 194, affirmed.
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 246.
James A. Feldman argued the cause for petitioners. With him on the briefs were Acting Solicitor General Del-linger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Anne S. Almy, Robert L. Klarquist, and Andrew C. Mergen.
Rene A. Martell argued the cause for respondents. With him on the brief were Daniel L. Minnis and D. Michael Eakin.*
Justice Ginsburg delivered the opinion of the Court.
In this case, we consider for a second time the constitutionality of an escheat-to-tribe provision of the Indian Land Consolidation Act (ILCA). 96 Stat. 2519, as amended, 25 U. S. C. § 2206. Specifically, we address § 207 of the ILCA, as amended in 1984. Congress enacted the original provi-*Briefs of amici curiae urging affirmance were filed for the Allottees Association and Affiliated Tribes and Bands of the Quinault Reservation et al. by Joel Jasperse and Thomas E. Luebben; and for the Pacific Legal Foundation by James S. Burling.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: October 4, 2007