Fredericks Peebles & Morgan LLP
ads@blueearthmarketing.com   712.224.5420

Law
Cherokee leader: Freedmen case not winnable


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

Related Stories:
Cherokee Freedmen back in court over ouster (5/11)
Freedmen ouster stirs passions at law conference (4/26)
Cherokee Nation considers anti-Freedmen funds (4/18)
Cherokee Nation chief took money from Abramoff (4/12)
Freedmen protest removal at BIA office in Oklahoma (4/11)
Rolo: Cherokee Nation blasted for ousting Freedmen (4/4)
Graham: Cherokee Nation tarred with 'racist' label (4/2)
Cherokee Freedmen protest ouster from tribe (3/28)
Opinion: Ouster of Freedmen is Cherokee business (3/23)
Opinion: Outrage over ouster of Cherokee Freedmen (3/22)
Marilyn Vann: Loss of Cherokee Nation citizenship (3/21)
Website Review: The revolt of the Black Seminoles (3/20)
Column: Freedmen still slaves to Cherokee Nation (3/19)
Opinion: Cherokees have a right to oust Freedmen (3/19)
Opinion: Cherokee Freedmen play the race card (3/19)
Opinion: Racism exists within Cherokee Nation (3/15)
Congressional Black Caucus backs Freedmen (3/14)
Tim Giago: Cherokee Nation votes out Freedmen (3/12)
Opinion: Cherokee Nation ignores own treaty (3/12)
Opinion: Cherokee Nation takes the lower road (3/12)
Chad Smith: Cherokee Nation tolerant of many (3/9)
Column: Cherokee Nation loses moral ground with vote (3/9)
Editorial: Ouster of Freedmen a low point for Cherokees (3/8)
Freedmen to challenge ouster, Cherokee funding (3/7)
Commentary: Cherokee blood spread far and wide (3/7)
Slate: What's so good about being Cherokee? (3/6)
Cherokee Nation kicks out Freedmen descendants (3/5)
Cherokee Nation heads to polls to decide on Freedmen (3/2)
Chad Smith: Cherokee Nation not based on race (3/2)
Editorial: Ouster of Freedmen a sign of elitism, fear (3/2)
Voice of America: Cherokees to vote on Freedmen (2/27)
Judge won't halt Cherokee Freedmen vote (2/22)
Freedmen in court to halt Cherokee Nation vote (2/21)
Freedmen ask federal court to halt Cherokee election (2/5)
Cherokees in California want to be part of community (01/16)
Ouster of Cherokee Freedmen an issue in California (1/15)
Election to oust Cherokee Freedmen delayed (1/3)
Cherokee Freedmen win ruling against tribe (12/20)
Cherokee Chief: Tribe to vote on Indian blood (12/06)
USA Today: Tribes remove thousands from rolls (11/29)
Cherokee court hears dispute over Freedmen vote (11/27)
Cherokee court to consider Freedmen referendum (11/20)
Freedmen descendant sues over citizenship change (11/03)
Cherokee Freedmen to challenge removal (10/10)
Cherokee chief calls vote on removing Freedmen (10/9)
Cherokees defend right to kick Freedmen out of tribe (09/21)
Cherokee chief rejects need to approve constitution (09/11)
Cherokee Nation questioned on Freedmen vote (9/7)
Petition to oust Cherokee Freedmen submitted (08/15)
Petition seeks vote on ousting Cherokee Freedmen (07/31)
Cherokee Nation to vote on blood quantum change (6/13)
Cherokee Nation council debates blood quantum (6/12)
Cherokee Nation's top court approves constitution (6/9)
Cherokee committee approves membership proposal (05/16)
About 800 Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position (04/13)
Cherokee chief criticized for stance on Freedmen (4/6)
Two Creek Freedmen apply for citizenship after ruling (03/22)
Creek Freedmen see opening in citizenship dispute (3/21)
Cherokee chief calls for an 'Indian' Nation by blood (3/20)
Cherokee chief criticized for stance on Freedmen (3/17)
Cherokee chief wants Freedmen out of tribe (3/15)
Editorial: Victory long overdue for Cherokee Freedmen (3/10)
Cherokee Nation to enroll Freedmen descendants (3/9)
Cherokee Freedmen win tribal citizenship lawsuit (3/8)
Cherokee chief wants to sue BIA over constitution (02/15)
Freedmen descendants shut out of Cherokee Nation (11/22)
Trial concludes in Freedmen membership case (09/15)
DNA tests being used to bolster Indian heritage claims (08/30)
Ex-Cherokee councilors fined for Freedmen support (08/23)
Freedmen descendants use DNA to show Indian blood (06/03)
Column: Civilized Tribes owe reparations to slaves (03/11)
Cherokee Nation seeks role in Freedmen lawsuit (02/21)
Cherokee leaders blast Coburn for 'divisive' remarks (9/17)
Cherokee Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term (8/15)
Seminole Freedmen rebuffed by Supreme Court (06/29)
Cherokee Freedmen sue BIA for disenfranchisement (8/12)
Court tackles Seminole dispute (9/24)
The Seminole Nation's hanging chad (8/8)
Resolution of Seminole dispute sought in court (5/28)
Court decision rocks Seminole Nation (5/8)
Seminole's Chief Haney restored to power (5/7)
Black Seminole appeal planned (5/1)
Black Seminoles dealt setback (4/30)
Opinion: Seminole Nation always black (4/22)
A fight over funds, race (4/4)
Seminole Head Start funds OKed (2/6)
Seminole changes sought again (1/16)
Ousted Seminole leader sues tribe, BIA (12/14)
Black Seminole issue still divisive (10/29)
Suspended Seminole Chief to sue (6/27)
Seminole Chief Haney suspended (6/26)
Race part of Seminole dispute (1/29)
Seminole voters approve changes (7/7)
Seminole vote may affect Freedmen (7/7)