Cherokee Nation District Court

Cherokee District Court Holds 2007 Tribal Constitutional Amendment Disenrolling Freedmen VOID

Matthew L.M. Fletcher1 Comment

Here is the order:

Nash v Cherokee Nation Registrar

The Cherokee Nation’s entry into the hereinbefore mentioned Treaty of 1866 was an agreement which, to this date, has not been modified or abrogated by any action heretofore taken either through Constitutional change or Amendment thereto and the Nation is still bound by such provisions. The Cherokee Constitutional Amendment of March 3, 2007, by virtue of the provisions of the Treaty of 1866 and subsequent actions taken in furtherance thereof, are hereby determined to be void as a matter of law.

Cherokee Trial Court Holds Hearing on Freedmen Case

Matthew L.M. Fletcher1 Comment

From the Cherokee Phoenix (via Pechanga):

TAHLEQUAH, Okla. – The Cherokee Nation District Court held a July 17 hearing for the case of Raymond Nash v. CN Registrar as attorneys for both parties presented arguments for their motions for summary judgment.

A summary judgment is a decision based on statements and evidence presented for the record without a trial. It is used when there is no dispute regarding facts and one party is entitled to judgment as a matter of law.

The Nash case is a class action lawsuit involving 386 Freedmen descendents claiming they were illegally removed from the CN citizenship rolls by a voter-approved constitutional amendment in March 2007.

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