They were forced to move because Andrew Jackson ignored the Court and forced them to move to new lands West of the Mississippi River. They had to walk all the way to their new homes, which is known as the Trail of Tears.
The Georgia Court of Appeals is the intermediate appellate court and the court of last resort for the state is the Georgia Supreme Court.
Georgia Law
by a nonpartisan election.
Jackson took no action to make Georgia follow the ruling. By not enforcing the courts decision , Jackson violated his presidential oath to uphold the laws of the land.
In 1828 the Cherokee, a "civilized" tribe who had lived in peace working as farmers, building houses and roads found gold on their land. As a result white settlers moved in and the State of Georgia claimed jurisdiction over the Cherokee. The Cherokee sued claiming they were independent from Georgia. The Supreme Court ruled in favor of the Cherokee. The victory was short lived, however, as President Andrew Jackson in response to the Courts decision is reputed to have said, "John Marshall has made his decision. Now let him enforce it." Instead the federal government removed the Indians to Oklahoma.
Jackson took no action to make Georgia follow the ruling. By not enforcing the courts decision , Jackson violated his presidential oath to uphold the laws of the land.
No one won the case Cherokee Nation v Georgia, (1831). The US Supreme Court determined it didn't have authority to hear the case under original (trial) jurisdiction because the Cherokee Nation didn't qualify as a State. Chief Justice Marshall indicated the Court would hear the case on appeal. Unfortunately, the Cherokee didn't refile in the lower courts, so their case was never officially heard.For practical purposes, the Cherokee lost because they were unable to negotiate the federal judicial system to get a favorable ruling before the US government removed them from their ancestral land in the tragedy that became known as The Trail of Tears.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
State Supreme Courts do not routinely review all cases of all lower courts. They review ONLY those cases that finally reach them after going through the court system's appelate process
Yes, that is why the court is "supreme."
The Cherokee Indians lost their land through the trail of tears. President Andrew Jackson took the land from the natives by burning their land and village forcing them to move off their land. The natives cried on the trail hint leading to the name trail of tears 1 out of every 4 natives died
U.S. District Courts U.S. Court of Appeals U.S. Supreme Court State Supreme Court Appellate Courts Trial Courts Lower Courts
In most cases, supreme courts are final appellate courts.