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United States v. White Mountain Apache Tribe December 2, 2002 (01-1067) return to case listing Case Summary In 1960, Congress declared that Fort Apache, a former military base, be held by the United States in trust for the White Mountain Apache Tribe ("the Tribe"). Act of March 18, 1960, Pub. L. No. 86-392, 74 Stat. 8 ("the Act"). As a result, the federal government controls and has the ability to use approximately thirty-five buildings on the site. The government has offered to terminate its trusteeship over the buildings and to transfer control of them to the Tribe. The Tribe refused to accept that offer unless and until the government rehabilitated the buildings that had seriously deteriorated. Subsequently, the Tribe brought suit against the U.S. alleging that the government had breached its fiduciary obligation to maintain or restore the buildings held in trust. The Tribe sought money damages as the remedy. The Court of Federal Claims granted the United States' motion to dismiss. On appeal, the U.S. Court of Appeals for the Federal Circuit reversed and held that the U.S. had a fiduciary obligation to maintain the buildings and a breach of such an obligation could support the Tribe's claim for monetary damages under the Act. The opinion of the Federal Circuit is found at 249 F.3d 1364. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 8-1 to Reverse 6-3 to Reverse 8-1 to Reverse 5-4 to Affirm VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Scalia Kennedy Thomas VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Stevens Stevens Souter Ginsburg Stevens Stevens O'Connor Souter Ginsburg Breyer return to case listing