Here are those briefs:
Cherokee Nation Brief [defending the Rule 19 dismissal]
Interior Brief [arguing against Rule 19 dismissal]
The opening brief is here.
.
Here are those briefs:
Cherokee Nation Brief [defending the Rule 19 dismissal]
Interior Brief [arguing against Rule 19 dismissal]
The opening brief is here.
.
Here are new materials filed by the Freedmen and the feds against the Cherokee Nation:
Federal Answer to Amended Complaint
Freedmen Amended Answer — Counterclaims — Cross Claims
News coverage here.
We left it in December with the court enjoining Interior from removing the Alto plaintiffs from the San Pasqual Band rolls. Here are additional materials leading to last week’s order denying the tribe’s motion to dissolve the order:
San Pasqual Motion to Dissolve PI
Alto Response to Motion to Dismiss
San Pasqual Reply in Support of Motion to Dismiss
San Pasqual Reply in Support of Motion to Dissolve
DCT Order Denying Motion to Dissolve
And now pending responses:
Here is the complaint in Confederated Colville Tribes v. Sebelius (D. Or.):
Here are the Ninth Circuit briefs in Cahto Tribe of the Laytonville Rancheria v. Dutschke:
lower court materials here.
Here.
Here is the amended complaint in Cherokee Nation of Oklahoma v. Nash (N.D. Okla.):
Cherokee nation vs nash 4 23 2012 Cherokee filing
From the motion for leave to amend:
The proposed Amended Complaint by the Cherokee Nation does not change the original parties, nor add causes of action. It changes the cause of action from a focus upon federal abrogation of the Treaty, to a focus on interpretation of the Treaty language as it was meant by the parties at the time, and as later interpreted by federal statute and cases.
Here (h/t to R.M.).
An excerpt:
For the Cherokee Nation, Warren is “Indian enough;” she has the same blood quantum as Cherokee Nation Chief Bill John Baker. For non-Natives, this may be surprising. They expect to see “high cheekbones,” as Warren described her grandfather as having, or tan skin. They want to know of pow wows, dusty reservations, sweat lodges, peyote and cheap cigarettes. When outsiders look at these ostensibly white people as members of Native America, they don’t see minorities. As a result, Warren feels she must satisfy these new birthers and justify her existence.
Looked at from the inside, however, the Warren controversy is all new. When the Brown campaign accused Elizabeth Warren of touting herself as American Indian to advance her career, this was news to Native law professors. We have a good eye for welcoming faculty to the community and identifying promising scholars. We know where people teach, what they have published and we honor them when they die. Harvard Law School named its first Native American tenured professor? Really? In our small indigenous faculty town, we would have heard about it already.
Here.
Here are the materials in Aguayo v. Salazar (S.D. Cal.):
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