Detailed Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: interest" at issue here because "[pjursuant to the Treaty of 1866 and the Thirteenth Amendment, the Cherokee Nation has no authority to treat its Freedmen citizens as anything less than full equals." Freedmen's Opp'n to Crittenden's Mot. Dismiss [Dkt. # 123] at 14. By raising this argument to eviscerate the Nation's claim of prejudice, the Freedmen are asking the Court to reach the merits of their claims against the Nation. This the Court cannot do. Indeed, the Tenth Circuit has squarely rejected a similar argum pelling claim of sovereign immunity" and finds that the Nation's interests would be prejudiced if the case were to proceed in its absence. Republic of Philippines, 553 U.S. at 869, 128 S.Ct. 2180; see also Citizen Potawatomi Nation v. Norton, 248 F.3d 993, 1001 (10th Cir.2001) (<HOLDING>) (quoting Davis, 192 F.3d at 960) (internal
Holding statements: (A) recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe (B) recognizing a strong presumption favoring arbitrability (C) holding that there is a strong policy favoring dismissal for nonjoinder due to tribal sovereign immunity but that rule 19b factors must still be considered (D) holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity (E) recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
A:
(E)