Update in Vann v. Interior & Cherokee Nation v. Nash

The Cherokee Nation has voluntarily dismissed their claims against the feds in Cherokee Nation v. Nash:

Cherokee nation vs nash order 8 21 2012 feds

The feds have an outstanding counterclaim against the Nation and so they remain parties.

In the D.C. Circuit appeal, Vann v. Interior, here is Vann’s reply brief:

2012-08-30 Reply Brief of Appellants Marilyn Vann et al

Prior briefs are here.

Cherokee Nation Answer to Federal Counterclaim in Freedmen Suit

Here:

Cherokee nation v nash tribal answer to federal counterclaim 8 6 2012

The counterclaim is here.

Response Briefs in Freedmen Appeal of Rule 19 Dismissal of Vann v. Interior

Here are those briefs:

Cherokee Nation Brief [defending the Rule 19 dismissal]

Interior Brief [arguing against Rule 19 dismissal]

The opening brief is here.

 

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Update in Cherokee Nation v. Nash (Cherokee Freedmen Case)

Here are new materials filed by the Freedmen and the feds against the Cherokee Nation:

Federal Answer to Amended Complaint

Federal Counterclaim

118-1 Attachment

Freedmen Amended Answer — Counterclaims — Cross Claims

Freedmen Exhibits

News coverage here.

Amended Cherokee Nation Complaint in Freedmen Suit

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.

 

Opening D.C. Circuit Brief in Vann v. Interior

Here:

Opening Vann Brief

Cherokee Freedmen Descendants to Appeal Dismissal of Suit

Here is the notice of appeal:

Vann versus Salazar 2011-11-03 Freedmen Notice of Appeal

Cherokee Nation SCT Rejects Chad Smith Challenge to Election; Does Not Count Freedmen Vote

Here is the order:

Election Decision for Cherokees

News coverage here.

A list of key documents from the Tulsa World here:

View Principal Chief Chad Smith’s final campaign disclosure report.

View Bill John Baker’s final campaign disclosure report.

Read the final order invalidating the election.

View an order from the Cherokee Nation Supreme Court.

View Principal Chief Chad Smith’s June 15 campaign financial disclosure report.

View Bill John Baker’s June 15 campaign financial disclosure report.

Read Principal Chief Chad Smith’s appeal.

Read Cherokee Election Commission chairman Roger Johnson’s resignation statement.

Read Cherokee Election Commission chairman Roger Johnson’s resignation letter.

 

CNN: Cherokee Election Observers Declare Election Fair

Here.

New Scholarship on the Cherokee SCT Decision re Freedmen

Darryl Omar Freeman has posted “Neo-Colonial Adaptation or Neo-Sovereignty: Oklahoma Cherokee/African Ancestry Freedmen Conflict” on SSRN.

Might want to do some quick fact checking on Ward Churchill’s membership status with United Keetoowah Band.