In a concurring opinion, Circuit Judge Henderson writes: Although I join my colleagues in full, I write separately to express my view that this decision is an unfortunate and unintended consequence of high-stakes, time-sensitive legislative drafting. It is indisputable that the services ANCs provide to Alaska Native communities—including healthcare, elder care, educational support and housing assistance—have been made only more vital due to the pandemic. .. I believe the Congress must have had reason to believe its definition would include ANCs but, by incorporating by reference ISDA’s counter-intuitive definition, it did not, in fact, do so. As a result, many of our fellow citizens who depend on ANCs will not receive Title V aid. Nonetheless it is not this court’s job to “soften . . . Congress’ chosen words whenever [we] believe those words lead to a harsh result.” Please reach out to Danielle Her Many Horses at dhermanyhorses@indiangaming.org if you have any questions or concerns with this alert.
Made with FlippingBook - Online catalogs