Tuesday, July 29, 2008

Another Crack in the Sovereignty Dam! VICTORY for Cherokee Freedmen

UPDATE to Include Press Release and a BIG Welcome to our Freedmen friends and the Cherokee People

Bad intentions by the Cherokee Nations Council including Chad Smith has now come back to bite them.

The descendants of former slaves owned by some Cherokees can sue Cherokee Nation officers for disenfranchising them from tribal elections, a federal appeals court here ruled today.

The ruling by the United States Court of Appeals for the District of Columbia Circuit was a victory for the so-called "freedmen,'' who filed suit after being prevented from voting in two tribal elections in 2003.
The tribe argued that it had sovereign immunity and couldn't be sued. The appeals court ruled today that the Cherokee Nation does have sovereign immunity in the case but that the tribal leaders do not.

"Faced with allegations of ongoing constitutional and treaty violations, and a prospective request for injunctive relief, officers of the Cherokee Nation cannot seek shelter in the tribe’s sovereign immunity,'' the court's opinion says.
The case will now go back to U.S. district court here, where it was filed.
The Cherokee Nation voted last year to amend its constitution to remove all freedmen descendants from the tribal rolls who do not have Cherokee blood. The change is being challenged in a Cherokee court.

Angered by the Cherokee Nation's action, many members of Congress are trying to strip the tribe of some of its federal funding, and the tribe has been fighting a public relations and lobbying battle here to prevent it.


Stay tuned for updates and reaction. CONGRATULATIONS to the Freedmen






Here is a link to the decision: http://www.scribd.com/doc/4259590/VAnn-versus-Kempthorne-075024

6 comments:

Anonymous said...

Congratulations on a SUH-WEEET victory Freedmen!

We terminated Pechanga appreciate all the work you've done in keeping the public informed.

t'eetilawuncha! said...

This is what unity and continued efforts will produce. As OP has posted the continued exposure will attract favorable results. The squeaky wheel always gets the grease!

wiaasal said...

IT WILL BE TELLING FOR THE INDIANS OF TEMECULA.
THE RESERVE (RESERVATION) WAS SET ASIDE FOR THE TEMECULA BAND OF MISSION INDIANS.

CORN FIELDS OR CASINO. SAME RESULT.

WHO LEADS THE TRIBE? THE PEOPLE OR THE CPP?

Allen L. Lee said...

Hello,
Sovereign immunity from lawsuits for a nation/state are generally meant to protect a nation's treasury from depletion by lawsuits. The treasury is protected from the wrongful acts committed by an officer of the state, but the officer of the state is not immune to commit wrongful acts and can be sued, usually after they leave an official post. Former Attorney General Alberto Gonzales and some of his employees may face civil lawsuits for job discriminatiom, though the U.S. treasury is protected from liability by sovereign immunity for what Gonzales did. A lot of state officers are mistaken when they assert that they have a sovereign authority from a state to commit a wrongful act, they don't.
Allen L. Lee

Anonymous said...

Let's hope the tribe comes to their senses and does the right thing by their people.

wiaasal said...

Is this why the treasurer stepped down?