The D.C. Circuit reversed the lower court’s determination that the 13th Amendment abrogated tribal sovereign immunity, but held that the Ex parte Young doctrine allows a suit against Cherokee Nation tribal officials to proceed.
Here is the opinion.
Here are the D.C. Circuit briefs.
Here are the briefs before the D.C. Circuit in the ongoing Cherokee Freedmen case.
The oral argument is scheduled for May 6, 2008, before Circuit Judges Tatel, Garland, and Griffith.
Here is the order.
On November 9, 2007, Marilyn Vann spoke about the history of the Cherokee Freedmen here at MSU law college. As she did during her talk at last April’s Federal Bar Association’s Indian Law Conference, she presented a slide show of numerous materials.
Here are the materials — Marilyn Vann Materials
And here is a description of each page in the materials provided by Marilyn: Continue reading →
Last December, the federal court denied the Cherokee Nation’s motion to dismiss Vann v. Kempthorne. The Nation had argued that it was a necessary and indispensable party under FRCP 19. And, because it hadn’t waived its immunity, the Nation argued that the federal case must be dismissed. The United States argued that the case should be dismissed under the tribal court exhaustion doctrine. The court disagreed.
Vann 2nd Amended Complaint
Cherokee Motion to Dismiss
Opposition to Cherokee Motion
Cherokee Reply Brief
Order Denying Motion
My own article on Rule 19 and tribal interests is here.
You can download the calendar here: MSU Native Heritage Month Calendar
Highlights include Pat LeBeau’s talk on mascots on the 7th and NALSA’s panel, Tribal Extinction, featuring Marilyn Vann of the Cherokee Freedmen, on the 9th.