Table Mountain Rancheria Prevails In Membership Dispute Before The Ninth Circuit

Materials in Lewis v. Salazar here:

12 – Appellants’ Opening Brief

24 – Secretary Salazar’s Answering Brief

26 – Tribal Defendants Answering Brief

34.2 – Appellants Corrected Reply Brief

52.1 – Memorandum Opinion

NYTs “Disunion” Series Profiles Cherokee Nation after the Civil War

Here.

Fascinating. My favorite part:

By 1862, Ross had become disillusioned with the Confederate government. The first major military engagements in Indian Territory proved disastrous for both the Confederacy and the Cherokees. Retreating from Indian Territory, the Confederacy left the Cherokees open to Union advances and without supplies for Cherokee troops and destitute civilians. Although Ross believed the Confederacy was shirking its treaty promises, the Confederate colonel Douglas H. Cooper called upon Ross to fulfill his obligations by ordering all Cherokee men of fighting age to “take up arms to repel invasion.”

Union Capt. Harris S. Greeno was aware of Ross’s dissatisfaction with the Confederacy, and he ordered the arrest of Ross and his family at their plantation home, Rose Cottage, in present-day eastern Oklahoma. They were quickly paroled and escorted to Union territory, and they retreated to his wife’s family home in Philadelphia. Ross would spend the remainder of the war attempting to convince the Lincoln administration of the Cherokee’s loyalty and commitment to the Union cause.

Cherokee Nation En Banc Petition in Vann v. Salazar

Here:

2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)

Panel materials here.

The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.

Pro Se Challenge to Cowlitz Membership Rules Dismissed as Frivolous

Here are the materials in Hill v. Dept. of Interior (W.D. Wash):

DCT Order Dismissing Hill Complaint

Hill Complaint

Pala Disenrollees’ Suit against Feds Dismissed for Failure to Exhaust

Here are the materials in Aguayo v. Salazar (S.D. Cal.):

Aguayo Complaint

Federal Motion to Dismiss

Aguayo Response

Federal Reply

Pala – Order Granting MTD (Emblem case)

News Profile of Snoqualmie Leadership/Membership Fight

Here.

News Coverage of White Earth Chippewa Constitution Vote

Here.

D.C. Circuit Reverses Dismissal of Cherokee Freedmen Suit against Cherokee Officials

Here is today’s opinion in Vann v. Dept. of Interior: CADC Opinion

An excerpt:

Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.
The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities – notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514; see generally Larson, 337 U.S. at 689-92; RICHARD H. FALLON, JR., DANIEL J. MELTZER & DAVID L. SHAPIRO, HART AND WECHSLER’S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 958-60 (5th ed. 2003).

Briefs are here.

Senate Passes Two Indian Bills

Here, from Belt Way Indian….

Ninth Circuit Rejects Challenge to Colville Tribal Membership Determination

Here are the materials in Desautel v. Dupris:

Desautel Opening Brief

Colville Answer Brief

CA9 Unpublished Opinion