Friday, April 4, 2014

Update on Cherokee Nation v. Nash - Approaching Oral Arguments

Oral arguments have been scheduled in the case of Cherokee Nation v. Nash (D.D.C., Case No. 1:13-cv-01313) for April 28, 2014, upon motion for summary judgment.  The parties' briefs are available here, courtesy of Turtle Talk, the Indigenous Law and Policy Center Blog at Michigan State University College of Law.

UPDATE:  The oral arguments have been rescheduled to Monday, May 5, 2014.  See here.  

The case is part of a larger ongoing dispute between the Cherokee Nation of Oklahoma and the Cherokee Freedmen, regarding tribal citizenship.  The Cherokee Freedmen, who are descendants of former slaves of the Cherokee, desire to obtain citizenship in the Cherokee Nation.  At issue in the case are provisions of an 1866 Treaty between the Cherokee Nation and the United States as well as the Cherokee Nation's Constitution, and amendments thereto.  Tribal sovereignty is also central to the case in terms of the Cherokee Nation's rights to determine their own membership.

For other news on the case, see the following links to articles from News on 6 (Tulsa, OK) and the Tahlequah Daily Press (Tahlequah, OK):

Cherokee Freedmen Continue Fight for Citizenship (Dan Bewley, News on 6, March 8, 2014)

Interior Files For Motion for Summary Judgment in Freedman Case (Teddye Snell, Tahlequah Daily Press, February 1, 2014)

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