Muscogee (Creek) Nation Supreme Court Holds Creek Freedmen & Descendants Entitled to Same Rights as Other Creek Citizens

Here is the opinion in Citizenship Board of the Muscogee (Creek) Nation v. Grayson and Kennedy:

Briefs here (MCN website) and here.

Sault Tribe Appellate Court Rejects Challenges to Election that Opened Membership Rolls

Here is the opinion in McRorie v. Election Committee (Sault Tribe of Chippewa App. Ct.):

Tribal SCT Briefs in Citizenship Board of the Muscogee (Creek) Nation v. Grayson

Here:

More briefs TK.

Lower court decision here.

Jeffrey Gibson

MCN District Court Orders Enrollment Office to Reconsider Denials of Freedmen Descendants’ Citizenship Applications

Here is the order in Grayson v. Citizenship Board (MCN Dist. Ct.):

Cannupa Hanska Luger @ UMMA

Gabe Galanda on Indigenous Kinship Renewal and Relational Sovereignty

Gabriel Galanda has posted “In the Spirit of Vine Deloria, Jr.: Indigenous Kinship Renewal and Relational Sovereignty” on SSRN. Here is the abstract:

This essay heeds Vine Deloria, Jr.’s inspiring call for the renewal of Indigenous kinship tradition and counsels for the development of relational sovereignty. The first part deconstructs the U.S. Supreme Court’s 1978 landmark decision in Santa Clara Pueblo v. Martinez to expose its distinctly economic underpinnings. That case exemplifies a steady erosion of Indigenous reciprocity, and concurrent rise of tribal per-capitalism and neocolonialism. The second part suggests five actions that Native nations could take to restore inclusionary, duty-based kinship systems and rules. First, Native nations should replace blood quantum with alternative citizenship criteria rooted in traditional kinship principles. Second, Native nations should renew kinship terminology to eliminate neocolonial identifiers. Third, Native nations should outlaw disenrollment and bring their relatives home. Fourth, Native nations should lift enrollment moratoria and welcome their lost generations. Lastly, Native nations should—after pausing to understand the colonial legacy of federally sanctioned monetary distributions to tribal individuals—cease per capita payments and reinvest in community revitalization. By drawing on Indigenous traditions of reciprocity and shared destiny, Native nations should reconcile their peoples’ modern individual rights with their customary obligations and duties to one another. Through these strategies, Native nations can engage in a new paradigm of relational sovereignty, whereby Indigenous human existence is exalted and protected over individual power and profit.

California Federal Court Rejects San Pascual Membership Challenges

Here are the materials in Alegre v. United States (S.D. Cal.):

176 Plaintiffs MSJ

183 Interior MSJ

186 Plaintiffs Reply

190 Plaintiffs Reply

193 Interior Reply in Support of 183

211 DCT Order re Sanctions

212 DCT Order Granting Interior’s Motion

Prior post here.

Freedmen Descendants’ Tribal Citizenship News Coverage

NYTs: “Tribes to Confront Bias Against Descendants of Enslaved People.”

Underscore: “Race and Tribal Sovereignty Clash in Congressional Dispute Over Enrollment.”

AP: “Black Freedmen struggle for recognition as tribal citizens.”

Choctaw Nation: “An Open Letter From Chief Gary Batton.

NPR: “Choctaw Nation Taking First Steps To Grant Citizenship To Freedmen.”

Additional materials on the Greenwood massacre.

AP: “‘The foundation of the wealth:’ Why Black Wall Street boomed.

Colorado Court of Appeals Case re. Membership v. Enrollment [ICWA]

I get this question a lot and have had many discussions about it recently, so I know there are some specific attorneys out there who will be interested in this case:

“As a matter of first impression in Colorado, a division of the court of appeals holds that a child’s membership in a tribe, even absent eligibility for enrollment, is sufficient for a child to be an Indian child under the Indian Child Welfare Act.”

Federal Court Dismisses Pro Se Treaty Rights Complaint against State and Sault Tribe

Here are the materials in Hall v. Whitmer (E.D. Mich.):

1 Pro Se Complaint

13 Sault Tribe Motion to Dismiss

15 Response to 13

19 Reply

20 State Motion for Summary Judgment

23 Response to 20

24 Reply

27 Magistrate Report re 13

28 Magistrate Report re 20

30 Objections

32 DCT Order

Muscogee (Creek) Nation SCT Decides Graham v. MCN Citizenship Committee [Creek Freedmen]

Here are the materials in Graham v. Muscogee (Creek) Nation Citizenship Committee (also here):

Doc.-4-Appellants-Brief-02242020

Doc.-14-Appellees-Response-Brief-06122020

Doc.-18-Appellants-Reply-Brief-07102020

Doc.-19-Order-and-Opinion-09172020