On January 14, 2011, Cherokee District Court Judge John Cripps ruled in favor of the plaintiffs in the
Raymond Nash et al v. Cherokee Nation Registrar case, reinstating Cherokee Nation citizenship and enrollment to the Freedmen descendants. Cripps ruled that the 2007 constitutional amendment that disenrolled the Freedmen descendants was void by law because it conflicted with the Treaty of 1866 that guaranteed their rights as citizens.
[74]
The Cherokee Nation held general elections for Principal Chief between challenger
Bill John Baker, a longtime Cherokee Nation councilman, and Chad Smith, the incumbent Principal Chief, on June 24, 2011. Baker was declared the winner by 11 votes, but the Election Committee determined that Smith had won by 7 votes on the next day. In a recount, Baker was declared the winner by 266 votes but Smith appealed to the Cherokee Supreme Court that ruled that a winner could not be determined with mathematical certainty. A special election was scheduled for September 24, 2011. On August 21, 2011, prior to the scheduling of the Cherokee special election, the Cherokee Nation Supreme Court reversed the January 14th decision of the Cherokee District Court resulting in the disenrollment of the Freedmen descendants. Justice Darell Matlock Jr. ruled that the Cherokee people had the sovereign right to amend the Cherokee Nation constitution and to set citizenship requirements. The decision was 4 to 1 with Justice Darrell Dowty dissenting.
[75] Many observers questioned the timing of the decision as the Cherokee Freedmen voters, who voted in the June general election, were disenfranchised going into the election. The decision removed the injunction of the District Court which kept the Freedmen descendants in the Nation. On September 11, 2011, the Cherokee Nation sent letters to 2800 Freedmen descendants informing them of their disenrollment.
[76] In response, Jon Velie and the Freedmen descendants filed another motion for preliminary injunction in federal district court asking to reinstate their rights for the election.
[77]
As a result of the Cherokee Supreme Court ruling, the U.S.
Department of Housing and Urban Development suspended $33 million in Cherokee Nation funds while it studied the issue of the Freedmen descendants' disenrollment.
[76] Larry Echo Hawk, Assistant Secretary for Indian Affairs, Department of the Interior, sent a letter to acting Principal Chief Joe Crittenden stating that the Department of the Interior never approved the Cherokee constitutional amendments that excluded the Freedmen descendents from tribal membership. Echo Hawk stated said that the September 24, 2011 election would be considered unconstitutional if the Freedmen descendants were excluded from voting, as guaranteed by the Treaty of 1866.
[78] On September 14, Cherokee Attorney General Diane Hammons recommended reopening the case with the previous reinstatement to be applied while oral arguments would be scheduled.
[79][80] In a preliminary federal court hearing on September 20, 2011, Judge Henry Kennedy heard arguments from Jon Velie representing the Freedmen descendants, Amber Blaha representing the US government, and Graydon Dean Luthey, Jr. representing the Cherokee Nation. Following arguments, the parties announced that the Cherokee Nation, Freedmen plaintiffs and US government had come to an agreement to allow the Freedmen descendants to be reinstated as citizens with the right to vote, with voting to continue two additional days. The Cherokee Nation was to inform the Freedmen of their citizenship rights no later than September 22.
On September 23, 2011, Velie returned to the Court with the other parties as virtually none of the Freedmen descendants had received notification with the election happening the next day. Judge Kennedy signed an additional agreed upon Order between the parties requiring additional time for absentee ballots for Freedmen descendants and five days of walk-in voting for all Cherokees.
[81]
In October 2011, Bill John Baker was inaugurated as Principal Chief after the Cherokee Supreme Court rejected an appeal of the election results by former chief Chad Smith