Here:
2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)
Panel materials here.
The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.
Here is today’s opinion in Vann v. Dept. of Interior: CADC Opinion
An excerpt:
Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.
The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities – notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514; see generally Larson, 337 U.S. at 689-92; RICHARD H. FALLON, JR., DANIEL J. MELTZER & DAVID L. SHAPIRO, HART AND WECHSLER’S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 958-60 (5th ed. 2003).
Briefs are 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.
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Here:
Turtle Talk 