On March 1, 2005, the United States Supreme Court held the Indian Health Service liable for underfunding contract support costs owed the Cherokee Nation and Shoshone-Paiute Tribes in Fiscal Years 1994 through 1997, Cherokee Nation, et al. v. Leavitt.  In doing so, the Court reversed the Tenth Circuit Court of Appeals decision in Cherokee Nation and Shoshone-Paiute Tribes v. Thompson, 311 F.3d 1054 (10th Cir. 2002).

Following remand of the case to the Eastern District of Oklahoma, judgments were entered against the United States for $3,735,152 (Shoshone-Paiute Tribes) and $2,300,000 million (Cherokee Nation), plus interest.  Payments were subsequently made from the Permanent Judgment Fund totaling $7,029,226.38 (Shoshone-Paiute Tribe) and $3,398,580.68 (Cherokee Nation).