The following excerpt is from Preston v. Heckler, 734 F.2d 1359 (9th Cir. 1984):
11 We have noted, however, that "[r]epeal of Indian legislation by implication is a common congressional practice." Hopkins v. United States, 414 F.2d 464, 471 (9th Cir.1969) (emphasis added; footnote omitted). A finding that a piece of Indian legislation was repealed by implication appears to be more likely when the subsequent legislation directly pertains to Indians, rather than when the subsequent legislation is a generally applicable statute. Compare Hopkins v. United States, 414 F.2d at 471 & n. 21 (noting examples of repeal by implication of Indian legislation by subsequent Indian legislation), with Morton v. Mancari, 417 U.S. 535, 94 S.Ct. 2474, 41 L.Ed.2d 290 (1974) (holding that a general civil rights act did not repeal the Indian Preference Act by implication). Here, we are faced with a generally applicable act passed after the enactment of a specific piece of Indian legislation.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.