The ACLU maintains that, to prevail against Fremont County, it need prove only that non-Indians vote as a bloc to prevent American Indians from electing, in the language of Section 2, the “representatives of their choice.” Fremont County responds that the ACLU must prove that, again in the words of Section 2, non-Indians vote “on account of race or color” and that Indians have been denied the ability “to participate…and to elect representatives of their choice,” which may not be American Indian candidates.
Hundreds of pages of evidence have been prepared; scores of witnesses, including several experts, will testify, including ACLU witnesses who say the United States and Fremont County committed cultural genocide against American Indians. Plus, in response to Fremont County’s argument that Section 2 is unconstitutional, federal lawyers entered the case.
All this may be for naught; the case may turn upon the one fact that gives lie to the ACLU’s claim: in November 2006, an American Indian was elected as a Commissioner. Ms. Keja Whiteman of Arapahoe, member of the Turtle Mountain Band of the Chippewa, social worker, mental health advocate, policy consultant, and former school board member active in 4H and barrel racing, says she won because she campaigned in Dubois, Lander, Riverton, and Shoshoni, not just on the Wind River Reservation. Thus, consistent with Fremont County’s argument and appellate court rulings, she did what it takes to be successful in politics.
The ACLU responds that Commissioner Whiteman was elected because non-Indians got the word that, to defeat the ACLU’s lawsuit, they should vote for her. Commissioner Whiteman says that is nonsense.