Sarah Deer convenes the conference
The first panel–John Borrows, Steve Cornell, and Bethany Berger
Here.
An excerpt:
To her credit, it appears that the Chief Judge was attempting to console the disenrollees and explain a decision that gravely disappointed them. Unfortunately, she also utilized words that profoundly diminished indigenous sovereignty:
“While the Court recognizes the important entitlements at stake for the proposed disenrollees, this is a fundamentally different proceeding than a loss of United States’ citizenship…. In the case of tribal disenrollees, the disenrollee loses critical and important rights, but they are not equal to the loss of U.S. citizenship. A person who is disenrolled from her tribe loses access to the privileges of tribal membership, but she is not stateless. While she loses the right, for example, to apply for and obtain tribal housing through the Tribe, her ability to obtain housing in general is unaffected. Though she loses the right to vote in tribal elections, she does not lose the right to vote in federal, state, and local elections. While the impact on the disenrollee is serious and detrimental, it is not akin to becoming stateless.” (Emphasis mine.)Whatever one’s views on the way each Native nation chooses to exercise their sovereignty with regard to defining membership, the judge’s view of Native nationhood is chilling. By ruling that the termination of a Native person’s citizenship is “not equal to the loss of U.S. citizenship” and the loss of tribal membership is “not akin to becoming stateless,” she places Native citizenship in a position squarely inferior to U.S. citizenship. The implications are profound. It is not realistic to expect to maintain true government to government relations with states and the federal government if we begin by diminishing our own status as citizens of sovereign nations.
Read more at http://indiancountrytodaymedianetwork.com/2013/11/07/disenrollment-disaster-my-citizenship-better-yours
Here are new updates in the Nooksack disenrollment saga. First, a third tribal court suit, Adams v. Kelly:
Adams v. Kelly Complaint For Prospective Equitable Relief
Second, a letter to Interior Secretary Jewell on the Secretarial election coming up:
October 16 2013 Letter and Petition to Secretary Sally Jewell
Here are the newest materials in Roberts v. Kelly (Nooksack Tribal Court):
Roberts v Kelly Order Granting Defendant’s [Sic] Motion to Dismiss
Roberts v. Kelly Second Motion for Temporary Restraining Order
And an order in the Lomeli v. Kelly matter from the appellate court:
Lomeli v Kelly Order Accepting Appeal of September 24 2013 Order
News coverage here.
Here is the order in Harrison v. Robinson Rancheria Band of Pomo Indians Business Council (N.D. Cal.):
DCT Order Dismissing Complaint wo Prejudice
Briefs are here.
Complaint is here.
Here:
Roberts v Kelly – First Amended Complaint w Appendices
Roberts v Kelly Order Accepting First Amended Complaint
Roberts v. Kelly Declaration of Gabriel S. Galanda in Support of Motion for Contempt
Roberts v. Kelly Motion for Contempt Against Kelly Defendants
Roberts v. Kelly Motion for Reconsideration of Sua Sponte September 6, 2013 Order
Roberts v. Kelly Order Denying Motion for Contempt
Bellingham Herald: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html
Read more here: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html#storylink=cpy
Al Jazeera America!: http://america.aljazeera.com/watch/shows/live-news/2013/9/tribal-families-battleefforttorejectthem.html
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