The Presentment Clause of Article I of the US Constitution states that a bill that the President has not signed and not vetoed becomes law ten days (not including Sundays) after being sent to the President "unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law."

In 1926, the US Congress passed Senate Bill 3185, allowing American Indians in Washington State to sue for damages from the loss of their tribal lands.

After July 6, the tenth day after the bill's passage, it had received neither a presidential signature nor a veto.

Several Indian tribes (the Okanogan, Methow, Sanpoil, Nespelem, Colville, and the Lake Indian Tribes) filed suit in the United States Court of Claims, which ruled that their case had no legal merit.

The Indian tribes appealed to the Supreme Court, which agreed to hear the case.