OKMULGEE – On Tuesday, Aug 4 a petition for rehearing was filed by the Muscogee (Creek) Nation Citizenship Board with the MCN Supreme Court. The petition states that the decision in the Grayson/Kennedy case violates MCN citizens’ constitutional right to define citizenship. According to the petition:
Most significantly, the Opinion cancels a constitutional provision without the necessary legal showing that beyond a reasonable doubt that the provision is invalid. The Opinion’s created crisis continues with its unauthorized radical, actual physical amendment of the Constitution, a clear usurpation of the People’s exclusive political power.
The Opinion continues its creation of the constitutional crisis by its unnecessary “void ab initio” language, calling into possible question post-Constitution governmental senior office holders and their actions. The Opinion unnecessarily further invalidates constitutional and statutory language not at issue before the Citizenship Board or the District Court. Finally, the crisis culminates in its mandate as to cases unknown and unfiled. Rehearing is required to recognize and apply that highest known legal standard applicable to challengers seeking to invalidate a constitutional provision, remedy the Opinion’s result of the failure to follow such a standard and by so doing, then avert a constitutional crisis.
The time for action to protect the Constitution is now. The Citizenship Board has demonstrated this Court’s violation of the People’s constitutional right to define citizenship. The law states the burden that must be met to take away that constitutional right. The Court did not identify, much less meet that burden. Now, this Court has the opportunity to (a) grant rehearing, (b) vacate the Opinion, (c) reverse the District Court, and (d) uphold the Citizenship Board’s application of the Constitution.
Prior to the filing, Mvskoke Media reached out to the MCN Citizenship Board on July 29, asking if Grayson or Kennedy had been granted citizenship in accordance with the order. We received no response.
Mvskoke Media also contacted the MCN Election Board on the same day to clarify whether Grayson or Kennedy will be allowed to register to vote, in the event they are granted citizenship before the September 9 deadline. MCN Election Board Manager Nelson Harjo responded, “The Election Board and Office will follow what the law requires.”
Mvskoke Media will have ongoing coverage of this developing story.
