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Second status reports delivered in Grayson/Kennedy Case

EO issued ahead of the April 22 report deadline

by Jerrad Moore
April 23, 2026
in Home Feature, News
0
Legal Updates for January 2025

(MM File)

OKMULGEE – On Monday, April 20, Muscogee (Creek) Nation Principal Chief David Hill issued Executive Order 26-02 establishing the Mvskoke Citizenship Integrity Protection Commission. The order comes two days before the April 22 due date for the second status report ordered by the MCN Supreme Court in the Grayson/Kennedy case.

Principal Chief Hill will appoint all members of the Commission and act as the chairperson. The order does not specify the number of Commission members; appointments will come from “Nation Departments, Executive Leaders and Mvskoke Entvsekiyv, with expertise and knowledge in various subjects” as well as two members of the MCN National Council. Commission positions are unpaid volunteer positions, and all appointees are required to take an oath confirming their understanding of the Commission’s purposes and objectives. The meetings will not be open to the public. All records, documents, and information collected by the commission will not be disclosed to the public.

According to the order:

The Commission’s duties and responsibilities will focus on the process and the impact to Nation resources due to the implementation of the Grayson Decision.

First, the Commission will undertake research, analysis, and other fact-finding activities to determine what additional Executive Orders, National Council Legislation, or other actions need to be implemented to ensure that Citizenship integrity is maintained consistent with the laws and Constitution of the Nation. This will include consideration of what additional resources may be necessary to fully and effectively exercise the Nation’s ability to implement the order.

Second, the Commission will engage with Nation communities and work in harmony with these communities and report its findings back to my office in order for transformative changes to be recommended to implement the Grayson Decision. In furtherance of our Nation’s need to facilitate
domestic discussion amongst the government and the Creek Communities, the Principal Chief will engage in immediate dialogue with local Creek Communities. The Commission shall hear from Creek Citizens and report all findings. The Commission will be specifically tasked with scheduling and hosting meetings where we hear from, and speak with, Mvskoke Entvsekiyv on the ground to ensure that our efforts at Muscogee (Creek) Nation work with our Creek Communities for the better understanding of impacts of admission of non-Indian citizens may have on our Communities and Nation. In this regard, the Commission will work to provide recommendations to the Principal Chief and the National Council on the findings and potential Constitutional questions or tribal legislation that will be necessary to ensure the health, safety, finances, and political integrity of the Great Muscogee (Creek) Nation. The Commission should also engage in immediate government-to-government discussions with the Nation’s federal partners, including, but not limited to, the Bureau of Indian Affairs and Indian Health Service, to determine the appropriate amendments that may be needed for any existing and future funding compacts or contracts, and to identify whether federal funds may be used, as part of any program or service at the Nation that may now need to be provided to individuals who lack Indian blood. If no federal funds may be used for such program or service, the Commission should provide an estimation of the level of Nation funds that may be necessary for the Nation to be able to continue providing those programs or services.

The Commission shall perform the work outlined in this Executive Order and provide a preliminary written report back to my Office within sixty (60) days from the date the Commission members are established, and a final report shall be presented back to my Office no later than six (6) months after the Commission’s first meeting.

As previously reported, the MCN SC issued its order and opinion in the Grayson/Kennedy case on July 23, 2025. The high court found that any reference to “by blood” citizenship in the MCN Constitution was void ab initio. The high court then ordered the MCN Citizenship Board to apply the Treaty of 1866 in issuing citizenship to both Grayson and Kennedy, as well as to any future applicant who can establish lineal descent on the Creek By Blood Dawes Roll or the Creek Freedmen Dawes Roll.

Following various motions filed by Grayson/Kennedy, including a motion for contempt, the MCN SC ordered a status report in the case to be delivered on Dec 5, 2025. On March 9, Grayson/Kennedy filed motions seeking to halt the 2026 Speical Election on May 30 for amendments to the MCN Constitution. March 23, these motions were held in abeyance, and the MCN Supreme Court ordered a second status report to be delivered on April 22.

On April 23, the high court published three reports on its website. One report was from the MCN Citizenship Board, one from Principal Chief Hill’s office, and one from the MCN Attorney General’s office. The reports update the court on the actions taken by each office.

According to MCN Attorney General Geri Wisner, her office provided the MCN Citizenship Board recommendations for changes to MCNCA Title 7 on Oct 16, 2025. Since that submission, the MCN AG has not taken any further actions.

Principal Chief Hill’s report begins with a general objection, asserting that his office is not required to comply with the MCN Supreme Court order for two reasons: it was not a party to the case, and no waiver of sovereign immunity has been filed. Even though this objection is raised, the report continues by listing EO 26-02, detailed above, as an action his office has taken to comply with the court’s order. The report also mentions that the MCN Citizenship Board has submitted proposed Title 7 code amendments to the Speaker of the National Council.

The MCN Citizenship Board’s report states that the proposed Title 7 code amendments were submitted to MCN National Council Speaker Randall Hicks, as well as Principal Chief Hill, on March 23, 2026. The proposed Title 7 code changes differed slightly from the changes proposed by the MCN AG’s office. The MCN AG’s office included a requirement that citizenship be traced back to an earlier roll identified as the “Dunn Roll,” but the Citizenship Board determined that this was not necessary and removed that language. The Citizenship Board is not aware of any sponsor for a bill to institute the code changes.

Mvskoke Media will have ongoing coverage of this developing story.

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Jerrad Moore

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