With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity
B: recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe
C: recognizing a strong presumption favoring arbitrability
D: 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
A.