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Petition for rehearing denied in Grayson/Kennedy case

MCN Supreme Court orders that the case will not be reheard

by Jerrad Moore
August 21, 2025
in Home Feature, News
0
Legal Updates for January 2025

petition for rehearing has been denied

UPDATE:  Mvskoke Media received the following statement from MCN Press Secretary Jason Salsman,

“Even though the Court left critical issues unaddressed, the Citizenship Board is beginning the work of researching and exploring a process for applying Article 2 to citizenship applications. This rule-making process will take time to ensure it is done carefully and correctly. Should the Court’s lack of clarity cause issues along the way, they will be addressed in the proper jurisdiction, including the courts where appropriate. We will continue to move forward thoughtfully, exploring all options to ensure our actions remain within the law and in accordance with our Constitution.”

OKMULGEE  –  The Muscogee Creek Nation Supreme Court has denied the MCN Citizenship Board’s petition for rehearing in the Grayson/Kennedy Case.  The Order, issued Aug 20, states that the petition failed to establish the grounds for a rehearing required by MCN code. According to the order:

It is a well-established judicial concept within this Nation’s court system, as well as in many foreign jurisdictions, including the U.S. federal and state judicial systems, that decisions made by courts not only resolve the issue at hand; but that the underlying principles supporting that decision, or the ratio decidendi, create a general legal precedent to be followed in similarly situated cases moving forward. It is entirely within reason for this Court to direct the parties to apply the precedent set by this case to future similarly situated citizenship applicants. In any event, this is an issue that has been fully considered by the Court and is not sufficient to establish grounds for rehearing under Rule 24 (B). IT IS HEREBY ORDERED that the Appellant’s August 4, 2025, Petition for Rehearing is DENIED for failing to establish grounds for rehearing as required by M(C)NCA Title 27, App. 2, Rule 24 (B), as explained above.

Mvskoke Media has contacted the MCN Executive Branch to determine if litigation will be continued in the case or if the Citizenship Board will grant Grayson and Kennedy their citizenship. We have not received a response as of publication.

As previously reported, the Citizenship Board filed a petition for rehearing in the Grayson/Kennedy case at the MCN Supreme Court on Aug 4. Grayson/Kennedy’s legal representation filed their opposition to the rehearing petition on Aug 11.

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Jerrad Moore

Jerrad Moore

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