Here is the money quote from the recent UNANIMOUS Appelate Court decision on Vann v Kempthorne:
"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," wrote Judge Thomas Griffith.
OP: Pechanga's Tribal Council has acted unconstitutionally (against the Pechanga Constitution and bylaw by overturning the will of the people.) With NO sovereign immunity, expect the court cases to come rolling out. The 500 people held in the moratorium have a good opportunity here. NOW will the ACLU step in against the OFFICERS of the Pechanga Tribe? And of course, some other individuals will no longer have sovereignty attached. Will the tribe relish the idea of spending MILLIONS to defend Ruth Masiel and Ihrene Scearse and Frances Miranda?
John Velie, partner in Velie & Velie in Norman, Okla., counsel to Vann and the Freedmen, said, "The court crafted an opinion that protects both tribal sovereignty and individual Indian civil rights. The is a great day for Indian Country." The suit seeks an injunction prohibiting future elections without Freedmen participation, including the right to run for office.