Cherokee leader: Freedmen case not winnable

Friday, May 11, 2007  

A Cherokee Nation council member says the tribe will end up losing the Freedmen citizenship case.

Linda O’Leary, the chair of the Executive and Finance Committee, said the case is not "winnable," The Muskogee Phoenix reported. "When we’re talking about civil liberties, then we are on the losing end of the stick here," she said.

O’Leary blamed the disenfranchisement of the Freedmen on Principal Chief Chad Smith. "Chad did this for political reasons to keep the Freedmen from voting," she said.

In a March 3 referendum, tribal members approved a change to the tribal constitution to deny citizenship to the descendants of former African slaves unless they can demonstrate Cherokee, Delaware or Shawnee blood. The constitution previously did not contain a blood requirement.

Get the Story:
Freedmen seek injunction to halt Cherokees’ funding (The Muskogee Phoenix 5/10)
Freedmen seeking injunction, possible election delay (The Tahlequah Daily Press 5/10)

Court Briefs:
Motion for Preliminary Injunction (May 8, 2007) | Memorandum in Support (May 8, 2007)

BIA Letter:
Carl Artman to Cherokee Chief Chad Smith (March 28, 2007)

Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 2006)

Jim Cason Letter:
Cherokee Nation Constitution (August 30, 2006)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

Relevant Links:
Cherokee Nation - http://www.cherokee.org
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen Conference - http://www.freedmenconference.com

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