Recall that in Muscogee (Creek) Nation Council v. Muscogee (Creek) Nation Election Board that three Justices purported to dismiss a claim relating to tribal constitutional amendments posted here on Saturday. Now the three other sitting Justices have declared that opinion void ab initio (opinion here: Response to Opinion and Order).
A year ago, the Muscogee (Creek) Nation Council, along with a tribal member co-plaintiff, sued the Muscogee Election Board to challenge the adoption of several amendments to the tribal constitution, suing in the Muscogee (Creek) Nation Supreme Court’s original jurisdiction. That Court held, over a dissent, that it was improper to bring suit under the Supreme Court’s original jurisdiction, and remanded the case to the district court. The district court judge recused, leaving a vacancy that was never filled by the Muscogee executive branch. The case languished, and now the Muscogee (Creek) Nation Supreme Court (3-2, with one Justice not participating) has dismissed the claims for lack of standing of the plaintiffs, apparently without notice to the parties or the benefit of briefing of either party on the questions of whether it could reassert jurisdiction or on the standing of the parties.
Here are the materials:
Muscogee Council & Robert Trepp Complaint // CV 09-211 Summons & Complaint signed
Supreme Court Order Remanding to DCT
District Court Judge Recusement
Supreme Court Order Dismissing Suit // Supreme Court Order Dismissing Suit complete opinion
Turtle Talk 