Appeals court to hear Cherokee Freedmen case

Tuesday, May 6, 2008  

The D.C. Circuit Court of Appeals is holding oral arguments this morning in Vann v. Kempthorne, the Cherokee Freedmen case

The Freedmen are the descendants of former African slaves. They are suing the Interior Department to force the federal government to recognize an 1866 treaty in which their ancestors were made citizens of the Cherokee Nation.

The Cherokee Nation was drawn into the suit by a federal judge who said the treaty and the 13th Amendment to the U.S. Constitution, which outlawed slavery, abrogated tribal sovereign immunity. The tribe says it can't be sued without its consent.

Today's hearing is before Judge David S. Tatel, a Clinton nominee, Judge Merrick B. Garland, a Clinton nominee, and Judge Thomas B. Griffith, a Bush nominee.

Cherokee-Related Legislation:
H.R.2786 | H.R.2895 | H.R.2824 | H.R.3002

BIA Letters:
August 9, 2007 | July 11, 2007 | June 22, 2007 | May 21, 2007 | March 28, 2007 | August 30, 2006

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

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

Related Stories:
Campbell: Congress destroying the Cherokee Nation (5/2)
Artman's tenure marked by Freedmen dispute (4/30)
Artman resigns after a year as head of BIA (4/29)
Opinion: Cherokee Nation's boat of federal funds (4/25)
Cherokee Freedmen dispute a threat to NAHASDA (4/24)
Opinion: The history of the Cherokee Freedmen (4/23)
Rep. Frank backs Freedmen in Cherokee funding fight (4/22)
Freedmen issue weighs heavy on Capitol Hill (4/14)
Tim Giago: CBC goes after Cherokee Nation (4/14)
Cherokee tribes denounce Freedmen legislation (4/10)
Cherokee chief to address Freedmen at conference (4/7)
Black lawmakers press Senate on Freedmen (4/4)
Cherokee Freedmen dispute up for hearing (3/27)
Opinion: Being Cherokee more than the blood (3/26)
Lawmakers press Artman on Freedmen issues (3/19)
Freedmen protest outside of Rep. Boren's office (3/3)
Black lawmakers to meet with Artman over Freedmen (1/23)