It seems the scales are tipping in the direction of JUSTICE in tribal disenrollments. In recent cases, the 9th circuit has scoffed at the weakness of congress and seem to grow weary of the abuses they see.
After a DECADE of writing about disenrollment, it's good to see justice.
The 9th Circuit Court of Appeals, however, said the Kennedy faction's complaints didn't matter. Even if the disputed members hadn't participated, the new constitution would have been approved, a three-judge panel stated on Friday.
"In certifying the election results, the Bureau observed that even if all the votes of members that Kennedy Group disputed as qualifying for membership were ignored, the yes votes would have still won a majority," Judge J. Clifford Wallace wrote in the unanimous decision.
"Under the new constitution’s membership framework, there is no dispute that the 74 disenrolled individuals qualify for tribal membership," Wallace wrote in another part of the decision. "Thus, were we to remand for the Bureau of Indian Affairs to reconsider its decision, there would be no possibility whatsoever that the agency would change its reasoning as to the disenrolled individuals because those people clearly qualify for tribal membership under the new constitution."
Read the REST OF THE ARTICLE HERE