The Cherokee Nation on Monday dismissed as “inappropriate and wrong” Democratic Mass. Sen. Elizabeth Warren’s claim that a DNA test proves her Native American heritage. The test, conducted by a Stanford University Professor Carlos Bustamante, showed Warren has a Native American ancestor going back six to 10 generations ago. But in a sharp rebuke, Cherokee Nation Secretary of State Chuck Hoskin Jr. blasted Warren for “undermining tribal interests with her continued claims of tribal heritage.” “Current DNA tests do not even distinguish whether a person’s ancestors were indigenous to North or South America,” Hoskin said in a statement tweeted by The Oklahoman’s politics reporter. “Sovereign tribal nations set their own legal requirements for citizenship, and while DNA tests can be used to determine lineage, such as paternity to an individual, it not evidence for tribal affiliation. “Using a DNA test to lay claim to any … [Read more...] about Cherokee Leader Rebukes Warren’s Claim of Native American Ancestry
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On Dec. 15, 2014, the Supreme Court issued its opinion in the case Dart Cherokee Basin Operating Company, LLC v. Owens (the Dart case). 135 S.Ct. 547. The Dart case involved the removal of a class action to federal court pursuant to the Class Action Fairness Act of 2005. At issue was whether the defendant was required to submit evidence of the amount in controversy with its notice of removal. The Supreme Court granted certiorari to resolve a circuit split and addressed the following question:“To assert the amount in controversy adequately in the removal notice, does it suffice to allege the requisite amount plausibly, or must the defendant incorporate into the notice of removal evidence supporting the allegation?”135 S.Ct. at 551. The Supreme Court ruled that a defendant’s notice of removal “need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” 135 S.Ct. at 554. However, the Supreme Court declined to … [Read more...] about Dart Cherokee Basin Operating Company, LLC v. Owens: Did the Supreme Court Just Make Removal Easier for Insurance Companies?
Pharmaceutical companies and drugstore retailers, named as defendants in a tribal court lawsuit alleging gross negligence, civil conspiracy and unjust enrichment related to the delivery system for prescription opiates, want the action moved to federal court, which the Cherokee Nation argues would violate federal law that recognizes its sovereign status on reservation land.The complaint (PDF), which was filed in April in the District Court of the Cherokee Nation, argues that prescription opiate addiction has hit Indian country particularly hard, and could have been prevented by businesses in the pharmaceutical industry that are responsible for securing and monitoring prescription medicine distribution. It’s the first lawsuit that an Indian nation has filed against companies regarding damages from opiate abuse, the Washington Post reported.Defendants, which include the McKesson Corp., Cardinal Health and CVS, in June filed the U.S. District Court for the Northern District of … [Read more...] about Drug firms knew opiates were being abused on Cherokee reservations but did nothing, lawsuit alleges
In this Wednesday, Aug. 8, 2018, file photo, U.S. Sen. Elizabeth Warren, D-Mass., speaks during a town hall-style gathering in Woburn, Ma. (AP Photo/Charles Krupa, File) A Cherokee Nation official says Sen. Elizabeth Warren “is undermining tribal interests with her continued claims of tribal heritage.” Cherokee Nation Secretary of State Chuck Hoskin Jr. said Monday that DNA tests are useless to determine tribal citizenship and don’t distinguish whether a person’s ancestors were indigenous to North or South America. He said “using a DNA test to lay claim to any connection to the Cherokee Nation or any tribal nation, even vaguely, is inappropriate and wrong.” Warren on Monday released DNA test results providing some evidence of a Native American in her lineage. The Massachusetts Democrat, who said she was told her mother was “part Cherokee and part Delaware,” acknowledged that DNA and family history have nothing to do with tribal … [Read more...] about Cherokee Nation faults Sen. Elizabeth Warren on DNA test
Democratic presidential candidate Elizabeth Warren has apologized to the Cherokee Nation for her decision to release the results of a DNA test showing she has distant Native American ancestry, the tribe said Friday. “Senator Warren has reached out to us and has apologized to the tribe," Julie Hubbard, the executive director of Cherokee Nation Communications, said in a statement to NBC News. "We are encouraged by this dialogue and understanding that being a Cherokee Nation tribal citizen is rooted in centuries of culture and laws not through DNA tests. We are encouraged by her action and hope that the slurs and mockery of tribal citizens and Indian history and heritage will now come to an end." Warren, whose campaign did not immediately respond to a request for comment on the Cherokee statement, was widely panned for deciding in October to respond to President Donald Trump's taunting by releasing the results of the DNA test, which found "strong evidence" that she has Native … [Read more...] about Cherokee Nation Says Elizabeth Warren Apologizes for DNA Test Flap