Allen v. Cherokee Nation Tribal Council

OPINION OF THE COURT

STACY L. LEEDS, Justice.

Petitioner Lucy Allen is a descendant of individuals listed on the Dawes Commission Rolls as “Cherokee Freedmen.” To become a tribal member under the current legislation, she must prove she is “Cherokee by blood.” She asks this Court to declare 11 C.N.C.A. § 12 unconstitutional because it is more restrictive than the membership criteria set forth in Article 111 of the 1975 Constitution.

Sovereign Immunity

Respondent Cherokee Nation asks this Court to follow the United States Supreme Court’s decision in Santa Clara v. Martinez1 and dismiss this case…