Citing a history of marginalization by the Cherokee Nation, a federal judge on Tuesday allowed Freedmen descendants to challenge their treatment by the Oklahoma tribe.
In a 28-page ruling, Judge Henry H. Kennedy in Washington, D.C., said the descendants of former slaves can sue the tribe and its leaders, including Principal Chief Chad Smith. He said the tribe's sovereign immunity was abrogated by Congress through by treaty and by the Thirteenth Amendment of the U.S. Constitution, which outlawed slavery.
Kennedy, a Clinton appointee, acknowledged the Constitution doesn't apply to tribal governments. But he said the prohibition of slavery covers private parties such as the Cherokee Nation......
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