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VANN v. U.S. DEPT. OF INTERIOR

No. 11-5322.

701 F.3d 927 (2012)

Marilyn VANN, et al., Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2012.

Attorney(s) appearing for the Case

Alvin Dunn argued the cause for appellants. With him on the briefs were Jack McKay , Thomas G. Allen , Cynthia Cook Robertson , and Jonathan Velie .

Ethan G. Shenkman , Attorney, U.S. Department of Justice, argued the cause for Federal Appellees. On the brief were William B. Lazarus , Aaron P. Avila , and Kurt G. Kastorf , Attorneys.

Jonathan P. Guy argued the cause for appellees Cherokee Nation, et al. With him on the brief were Mark S. Davies and Christopher M. O'Connell .

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Before the Civil War, members of the Cherokee Nation had slaves. Those slaves were freed in 1866 pursuant to a treaty negotiated between the United States and the Cherokee Nation. The Treaty guaranteed the former Cherokee slaves and their descendants — known as the Freedmen — "all the rights of native Cherokees" in perpetuity. See Treaty with the Cherokee, art. 9, July 19, 1866, 14 Stat. 799. Those rights included the...

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