Tribal court sides once again with Northern Cheyenne council in constitutional battle

Former Northern Cheyenne President Gene Small has had another loss in court.

The Northern Cheyenne Appellate Court issued a ruling today denying a legal request from Small that puts him further away from any control of the tribal executive seat he was ousted from in September. 

Judges Michael Monson and Adrian Miller issued the ruling in favor of the tribe’s council, which Small had ousted in 2025. The ousted council members returned to power after a judge ordered that they’d been unlawfully removed. 

By denying Small’s request for an en banc review of that decision by a panel of three appellate judges, the court upheld a tribal court order that gave constitutional authority to the council. On Sept. 30 the council removed Small from his role as tribal president, an action he has refused to accept to this day.

Northern Cheyenne is holding a general election for council today, while Small and his supporters are holding a separate election in the tribe’s headquarters in Lame Deer, Montana.