Supreme Court of the United States · Official docket →
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
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
- Oct 01 2018Petition DENIED.
- Jul 11 2018DISTRIBUTED for Conference of 9/24/2018.
- Jul 06 2018Waiver of right of respondent Ryan Zinke, Secretary of the Interior, et al. to respond filed.
- Jun 14 2018Petition for a writ of certiorari filed. (Response due July 19, 2018)