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Leatrice Tanner-Brown, et al. v. Ryan Zinke, Secretary of Interior, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-5040 · judgment December 12, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether Petitioners, the extant descendants of Freedmen listed on the Final Roll of Cherokee Freedmen compiled by the United States Commission to the Five Civilized Tribes, also known as the Dawes Commission, have Article III standing to obtain an accounting from Respondents of royalties derived from land allotted to Freedmen minors owed fiduciary duties by Respondents under the Act of May 27, 1908, or whether the right to an accounting recognized by the United States in Cobell v. Bobbitt, 91 F. Supp. 2d 1(D.D.C. 1999) is only applicable to persons of Non-African descent, despite the holding in Cherokee Nation v. Nash, Case No. 13-01313(TFH) United States District Court for the District of Columbia, that under Article 9 of the Treaty with the Cherokee, 1866, U.S.-Cherokee Nation of Indians, Art. 9, July 19, 1866, 14 Stat. 799 (hereinafter "1866 Treaty") native Cherokees have no rights either superior or inferior to Cherokee Freedmen, based upon race.

Counsel of record

For petitioner
Paul A Robinson Jr.
Law Office of Paul A. Robinson, Jr.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 11 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 06 2018
    Waiver of right of respondent Ryan Zinke, Secretary of the Interior, et al. to respond filed.
  4. Jun 14 2018
    Petition for a writ of certiorari filed. (Response due July 19, 2018)